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 30
... death , and , in the event of his death without making such ap- pointment , the Law provides guardians - a Tutor to the pupil , and Curators to the minor - who are appointed , in legal form , according to the rules minutely explained by ...
... death , and , in the event of his death without making such ap- pointment , the Law provides guardians - a Tutor to the pupil , and Curators to the minor - who are appointed , in legal form , according to the rules minutely explained by ...
Page 49
... death of another . The Law of England , although it does not entirely repudiate such transactions , regards them with a jealous eye , and gives the same benefit of restitution to the seller as is given by the Law of Scotland to the ...
... death of another . The Law of England , although it does not entirely repudiate such transactions , regards them with a jealous eye , and gives the same benefit of restitution to the seller as is given by the Law of Scotland to the ...
Page 77
... death many inconveniences were occasioned by 44 " fraud on the part of his widow , or of the person who had obtained 66 possession of his seal , and it often happened that dispositions con- " cocted after the death of the proprietor ...
... death many inconveniences were occasioned by 44 " fraud on the part of his widow , or of the person who had obtained 66 possession of his seal , and it often happened that dispositions con- " cocted after the death of the proprietor ...
Page 164
... DEATH death of the mandate who grants it , and of the party for whose benefit it is granted . The application of that rule to the procuratory in the clause of registration was found to be attended with great in- convenience , as it ...
... DEATH death of the mandate who grants it , and of the party for whose benefit it is granted . The application of that rule to the procuratory in the clause of registration was found to be attended with great in- convenience , as it ...
Page 175
... death , and also from its not being necessary to name and design the writer of the testing - clause , though a different person from the writer of the deed ; it was , therefore , argued , that there was here no ground for holding that ...
... death , and also from its not being necessary to name and design the writer of the testing - clause , though a different person from the writer of the deed ; it was , therefore , argued , that there was here no ground for holding that ...
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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...