Conveyancing According to the Law of Scotland: Being the Lectures of the Late Allan Menzies ...T. Constable and Company, 1857 - 896 pages |
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Page 22
... express direction of law , as , for in- stance , obligations , in which it forms a part of the contract that they shall be in writing . Others , without the express requirement of law , are invariably reduced to writing from a regard to ...
... express direction of law , as , for in- stance , obligations , in which it forms a part of the contract that they shall be in writing . Others , without the express requirement of law , are invariably reduced to writing from a regard to ...
Page 58
... express consent . This case affords , no doubt , a picture of rela- tions which subsisted under feudal usages , but which have now entirely disappeared , and it may justly be doubted whether any effect would now be given to a ...
... express consent . This case affords , no doubt , a picture of rela- tions which subsisted under feudal usages , but which have now entirely disappeared , and it may justly be doubted whether any effect would now be given to a ...
Page 61
... express decision upon the point , the Lord Justice - General ( BOYLE ) intimated , that he would be regulated by the opinion expressed in the House of Lords . Lord MACKENZIE considered that opinion to be so forcible , that no decision ...
... express decision upon the point , the Lord Justice - General ( BOYLE ) intimated , that he would be regulated by the opinion expressed in the House of Lords . Lord MACKENZIE considered that opinion to be so forcible , that no decision ...
Page 76
... express rule upon this point . In some instances the witnesses subjoined their subscriptions , and in others they did not subscribe , though their names were inserted in the deed ; and the latter practice , which was the more common ...
... express rule upon this point . In some instances the witnesses subjoined their subscriptions , and in others they did not subscribe , though their names were inserted in the deed ; and the latter practice , which was the more common ...
Page 77
... express statute only in deeds agreed to be registered , the validity of other deeds which are not sealed rests only upon a long course of inveterate and incontro- verted custom . This is laid down by Sir George Mackenzie , and it i ...
... express statute only in deeds agreed to be registered , the validity of other deeds which are not sealed rests only upon a long course of inveterate and incontro- verted custom . This is laid down by Sir George Mackenzie , and it i ...
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Conveyancing According to the Law of Scotland: Being the Lectures (Classic ... Allan Menzies No preview available - 2017 |
Common terms and phrases
adjudication arbiter arrestment assignation authority Bankruptcy Scotland bill bond bound burgage cautioner CHAPTER charge claim clause complete confirmation consent conta contained contract conveyance Court of Session creditor death debt debtor December decision declared decree deed delivery diligence discharge disponee disposition effect entail entitled erasure Erskine execution executor favour February feudal granted granter ground heir held heritable House of Lords indorser infeftment inserted instrument interest January judicial July June lands letters of horning liable liferent Lord marriage ment moveable notary November obligation obtained party payable payment person poinding possession precept principle procuratory promissory note provision purchaser referred regard rent resignation Ross rule sasine Scotland specified statute subinfeudation subscribed subscription superior supra tailzie terce testator tion transfer transmission trustees valid vassal Vict warrandice warrant witnesses words writ
Popular passages
Page 858 - Any contract which if made between private persons would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company...
Page 858 - ... and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of such company, and in all bills of parcels, invoices, receipts, and letters of credit of the company.
Page 751 - Scotland, to the same effect as if a decree of adjudication in implement of sale, as well as a decree of adjudication for payment and in security of debt, subject to no legal reversion, had been pronounced in favour of the trustee...
Page 854 - I do not know the man I should avoid So soon as that spare Cassius. He reads much; He is a great observer, and he looks Quite through the deeds of men...
Page 494 - Know ye this, my lord, that I shall be faithful and true unto you, and faith to you shall bear for the lands which I claim to hold of you, and that I shall lawfully do to you the customs and services which I ought to do, at the terms assigned, so help me God and his saints; and he shall kiss the book.
Page 38 - But a man who is born deaf, dumb, and blind is looked upon by the law as in the same state with an idiot : he being supposed incapable of any understanding, as wanting all those senses which furnish the human mind with ideas.
Page 316 - Thirty days after sight of this first of exchange (second and third of the same tenor and date unpaid...
Page 218 - Bank-Credit; and is of this nature: A man goes to the bank and finds surety to the amount, we shall suppose, of a thousand pounds. This money, or any part of it, he has the liberty of drawing out whenever he pleases, and he pays only the ordinary interest for it, while it is in his hands. He may, when he pleases, repay any sum so small as twenty pounds, and the interest is discounted from the very day of the repayment.
Page 842 - ... on the solid rock of prescription ; the soundest, the most general, and the most recognized title between man and man that is known in municipal or in public jurisprudence? a title, in which not arbitrary institutions, but the eternal order of things, gives judgment ; a title, which is not the creature, but the master, of positive law ; a title which, though not fixed in its term...
Page 450 - The bill of sale shall contain such description of the ship as is contained in the surveyor's certificate, or some other description sufficient to identify the ship to the satisfaction of the registrar, and shall be in the form marked...