Cases Decided in the Court of Session, Court of Justiciary, and House of Lords, 3. köideT. & T. Clark, 1898 |
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Results 1-5 of 75
Page 16
... Heir and Exe- cutor . - Held ( rev . judgment of the Second Division , and aff . judgment of Lord Shand ) that when the tenant of minerals under a lease of ordinary duration erects upon the land fixed machinery for the purpose of ...
... Heir and Exe- cutor . - Held ( rev . judgment of the Second Division , and aff . judgment of Lord Shand ) that when the tenant of minerals under a lease of ordinary duration erects upon the land fixed machinery for the purpose of ...
Page 19
... heir and executor of a certain person who owned very large property , upon which he had put up fixed Trustees . machinery for the purpose of trade . No doubt the great question in the case was that which I have thus described , whether ...
... heir and executor of a certain person who owned very large property , upon which he had put up fixed Trustees . machinery for the purpose of trade . No doubt the great question in the case was that which I have thus described , whether ...
Page 20
... heir . Of course it was not for them to raise , and they did not raise , any question upon this point which had verbally been given by admission in their favour in the Court below . The respondents , who had presented no cross appeal ...
... heir . Of course it was not for them to raise , and they did not raise , any question upon this point which had verbally been given by admission in their favour in the Court below . The respondents , who had presented no cross appeal ...
Page 21
... heir , the executor has as against that heir a right to remove those fixtures . My Lords , there is certainly no authority for saying that the executor can remove these fixtures as against the heir . In my opinion there is no principle ...
... heir , the executor has as against that heir a right to remove those fixtures . My Lords , there is certainly no authority for saying that the executor can remove these fixtures as against the heir . In my opinion there is no principle ...
Page 23
... heir of the settlor . Whether the machinery went also to the heir with the lease , or passed under the trust - disposition of Robert Brand junior , depends upon whether in a case of succession it is in its nature heritable or moveable ...
... heir of the settlor . Whether the machinery went also to the heir with the lease , or passed under the trust - disposition of Robert Brand junior , depends upon whether in a case of succession it is in its nature heritable or moveable ...
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Common terms and phrases
action alleged appears applied ARDMILLAN averred bill Boat of Garten bottomry bound burgh Caledonian Railway circumstances claim clause coal complainers conclusion concur contract councillors Court of Session creditors damages decern decree deed defender's defenders doubt effect entitled evidence ex facie expenses fact farm favour feu-duty granted ground heir held heritable heritors House of Lords interdict interlocutor judgment Justiciary kirk-session landlord lands lease liable Lord Advocate Lord Dunmore LORD NEAVES Lord Ordinary Lordships M'Laurin Macph Martinmas matter Merrow and Company Messrs Lawson notice opinion owner parish parties payment person petition petitioner possession Presbytery present proceedings pronounced proof proprietor proved provisions pursuers question Railway Company reclaimed referred regard rent respondent road school board Scot Scotland sequestration Sheriff Court Sheriff-substitute shew statute sufficient tenant testator thereof tion trustees Vict warrant whole
Popular passages
Page 200 - That is found wandering and not having any Home or settled Place of Abode, or proper Guardianship, or visible Means of Subsistence ; That is found destitute, either being an Orphan or having a surviving Parent who is undergoing Penal Servitude or Imprisonment ; That frequents the Company of reputed Thieves.
Page 50 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 373 - And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease...
Page 91 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants...
Page 304 - I may term the natural user of that land there had been any accumulation of water, either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.
Page 304 - I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it, for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land; and if in consequence of their doing so, or in consequence of any imperfection in the mode of their doing so, the water came to escape and to pass off into the close of the plaintiff, then it appears to me that...
Page 115 - C. D., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal.
Page 477 - If a person brings, or accumulates, on his land anything which, if it should escape, may cause damage to his neighbor, he does so at his peril. If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Page 489 - Company proxies are allowed) at any general meeting, of which notice specifying the intention to propose such resolution has been duly given...
Page 200 - Begging, *o. any child apparently under the age of fourteen years that comes within any of the following descriptions, namely, — 1. That is found begging or receiving alms (whether actually or under the pretext of selling or offering for sale anything) or being in any street or public place for the purpose of so begging or receiving alms : 2.