Conveyancing According to the Law of Scotland: Being the Edited Lectures of the Late Allan MenziesBell & Bradfute, 1863 - 968 pages |
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Page 32
... cautioner of the tutor - dative would be still liable for the loss , as may be inferred from the judgment against the cautioner in Eaton and Cowan v . Murdoch , 9th June 1826 ; " per LORD DEAS in White , 17 D. p . 602 . " " " C In ...
... cautioner of the tutor - dative would be still liable for the loss , as may be inferred from the judgment against the cautioner in Eaton and Cowan v . Murdoch , 9th June 1826 ; " per LORD DEAS in White , 17 D. p . 602 . " " " C In ...
Page 204
... cautioner has paid a debt and interest , he is entitled under the penalty in the bond to recover interest upon the interest he has paid , as well as the expense of the assignation by the creditor in his favour ; Inglis & Weir v . Renny ...
... cautioner has paid a debt and interest , he is entitled under the penalty in the bond to recover interest upon the interest he has paid , as well as the expense of the assignation by the creditor in his favour ; Inglis & Weir v . Renny ...
Page 205
... cautioner , are the only instances in which interest is allowed upon interest ; Jolly v . M'Neill , 28th May 7 S. 669 . 1829. The same doctrine will be found in the previous case of Duke F. C. of Queensberry's Executors v . Tait , 23d ...
... cautioner , are the only instances in which interest is allowed upon interest ; Jolly v . M'Neill , 28th May 7 S. 669 . 1829. The same doctrine will be found in the previous case of Duke F. C. of Queensberry's Executors v . Tait , 23d ...
Page 213
... CAUTIONER . A bond subscribed by several persons is generally for the benefit PRINCIPAL AND of one of their number , and the rest become bound , in order to give him the benefit of their credit . When the bond is in this form , the ...
... CAUTIONER . A bond subscribed by several persons is generally for the benefit PRINCIPAL AND of one of their number , and the rest become bound , in order to give him the benefit of their credit . When the bond is in this form , the ...
Page 214
... cautioner , and has not renounced it . ** In order to discuss the principal debtor , it is not sufficient that the ... cautioner may be sued in the same action with the principal , provided execution against the cautioner be superseded ...
... cautioner , and has not renounced it . ** In order to discuss the principal debtor , it is not sufficient that the ... cautioner may be sued in the same action with the principal , provided execution against the cautioner be superseded ...
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Common terms and phrases
arbiter arrestment assignation authority Bankruptcy Scotland bill bond bound burgage cautioner charge charter claim clause complete confirmation consent contained contract conveyance Court of Session creditor death debt debtor December decision declared decree deed delivery diligence discharge disponee disposition effect entail entitled erasure execution executor favour February feudal granted granter ground heir held heritable House of Lords indorser infeftment inserted instrument interest January judicial July June lands legacy letters of horning liable liferent Lord marriage ment moveable necessary notary November obligation obtained party payable payment person poinding possession precept principle procuratory prorogation provision recorded referred regard rents resignation Ross rule sasine Scotland specified stamp Statute subinfeudation subscribed subscription superior supra tailzie terce testator tion transfer transmission trustees valid vassal vested Vict warrandice warrant witnesses words writ
Popular passages
Page 263 - Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction...
Page 328 - Islands" mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty.
Page 214 - Where any person shall, after the passing of this Act, become bound as cautioner for any principal debtor, it shall not be necessary for the creditor to whom such cautionary obligation shall be granted, before calling on the cautioner for payment of the debt to which such cautionary obligation refers, to discuss or do diligence against the principal debtor, as now required by law ; but it shall be competent to such creditor to proceed against the principal debtor and the said cautioner, or against...
Page 467 - No notice of any trust, express, implied, or constructive, shall be entered in the register book, or receivable by the registrar ; and subject to any rights and powers appearing by the register book to be vested in any other party, the registered owner of any ship or share therein shall have power absolutely to dispose in manner hereinafter mentioned of such ship or share, and to give effectual receipts for any money paid or advanced by way of consideration.
Page 435 - ... 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 435 - 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 342 - ... no acceptance of any bill of exchange, whether inland or foreign, made after the 31st day of December, 1856, shall be sufficient to bind or charge any person, unless the same be in writing on such bill, or if there be more than one part of such bill on one of the said parts, and signed by the acceptor or some person duly authorized by him...
Page 467 - Subject to the provisions with respect to joint owners or owners by transmission hereinafter contained, not more than thirty-two individuals shall be entitled to be registered at the same time as owners of any one ship ; but this rule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner...
Page 784 - 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 468 - 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...