Reports of Cases Decided in the House of Lords: Upon Appeal from Scotland, from 1726 to [1822] ...T. & T. Clark, 1854 |
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Common terms and phrases
act of parliament action affirmed agreement Alexander alleged alter appeal was brought appellant appellant's Bargany bill bond bound circumstances claim contended contract Court of Session creditors cruive Dalrymple death debts deceased decern declared decree deed defender discharge disposition domicile effect eldest England entitled estate of Bargany executed father favour fishing granted ground hearing counsel heir of entail heirs male heirs of tailzie held heritable heritors House of Lords infeftment interlocutors the present James John judgment lands LASHLEY law of Scotland lease legitim liable liferent LORD CHANCELLOR Lord Justice Clerk Lord Ordinary Lordships marriage MERCHANT MAIDEN HOSPITAL North Berwick opinion Ordered and adjudged parties payment person Pleaded possession present appeal pronounced this interlocutor proof pursuer question reclaiming petition remit rent respondent respondent's shares Sir Hew statute tenant terce thereof tion transaction trustees VISCOUNT ARBUTHNOTT Whitsunday whole Whytlaw
Popular passages
Page 483 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 483 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof.
Page 484 - Part thereof; and in case of any Loss or Misfortune, it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, Ac., or any Part thereof, without Prejudice to this Insurance; to the Charges whereof we, the Assurers, will contribute, each one according to the Rate and Quantity of his sum herein assured.
Page 483 - ... beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship, upon the said ship, &c.
Page 210 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
Page 483 - ... upon any kind of Goods and Merchandises, and also upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat and other Furniture, of and in the good Ship or Vessel...
Page 483 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Page 206 - Bargany, by which that estate was limited to himself and the heirs male of his body ; whom failing, to...
Page 615 - ... residence, that he who has therefore this species of command over his own actions, and over the actions and property which is his own, and which is to remain his own, or to become that of his family according to his will — why should it be thought an unreasonable thing, that, where there is no express contract, the implied contract shall be taken to be that the wife is to look to the law of the country where the husband dies for the right she is to enjoy in case the husband thinks proper to...
Page 615 - Lordships have already decided in this case, it does appear to me attending to the different sentiments to be found in the textwriters upon the subject that it is more consonant to our own laws, and more consonant to the general principle, to say that the implied contract is that the rights of the wife shall shift with the change of residence of the wife, that change of residence being accomplished by the will of the husband whom by the marriage contract in this instance she is bound to obey.