Principles of the Law of ScotlandBell & Bradfute, 1870 - 683 pages |
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Page 125
... creditor's not calling then for his money , his in- tention was presumed to let it lie for some time at a yearly profit : and where the first term of payment of the interest was made prior to the term of payment of the principal sum ...
... creditor's not calling then for his money , his in- tention was presumed to let it lie for some time at a yearly profit : and where the first term of payment of the interest was made prior to the term of payment of the principal sum ...
Page 128
... creditor shews his intention to adjudge ; but from the date of the decree by which the debt is made a real burden on ... creditor in a right of annualrent made the sum in the right moveable , which before was heritable . This seems ...
... creditor shews his intention to adjudge ; but from the date of the decree by which the debt is made a real burden on ... creditor in a right of annualrent made the sum in the right moveable , which before was heritable . This seems ...
Page 212
... creditor , who is no party to the right , but for the cautioner's , the creditor . who therefore may renounce it at his pleasure ; Crs . of Lang- debts to be ton , 1691 , M. 33 : but if the creditor , by adjudging the right of relief ...
... creditor , who is no party to the right , but for the cautioner's , the creditor . who therefore may renounce it at his pleasure ; Crs . of Lang- debts to be ton , 1691 , M. 33 : but if the creditor , by adjudging the right of relief ...
Page 274
... creditors , no diligence carried on , or completed during their pendency , ought to give any preference in the competition ; pendente lite nihil innovan- dum . Hence , in a competition between a creditor who had adjudged , pending an ...
... creditors , no diligence carried on , or completed during their pendency , ought to give any preference in the competition ; pendente lite nihil innovan- dum . Hence , in a competition between a creditor who had adjudged , pending an ...
Page 300
... creditor and acceptor ; Cathcart v . Dick's Reprs . , 1748 , Μ . 1439 , Elch . " Bill , " 41. A creditor in a bill may Indorsation . transmit it to another by indorsation , though the bill should not bear to his order ; by the same rule ...
... creditor and acceptor ; Cathcart v . Dick's Reprs . , 1748 , Μ . 1439 , Elch . " Bill , " 41. A creditor in a bill may Indorsation . transmit it to another by indorsation , though the bill should not bear to his order ; by the same rule ...
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Common terms and phrases
20 Vict 32 Vict action adjudication apprising arrestment assignation Bell's Pr bill bond bound burden Campbell cautioner charter clause consent constituted contract conveyance Court of Session creditor Crown curators death debt debtor declared decree deed delivery diligence effect Elch entail entitled escheat executed executors favour feudal granted granter ground heir held heritable heritors husband hypothec infeftment inhibition Inst interest judge July July 18 June June 26 jurisdiction lands lease letters of horning liable liferent Lord Macph March March 11 marriage master ment minor moveable obligation parish party payment person poinding possession prescription presumed proper proprietor purchaser registered rent Roman law rule sasine Scotland seisin servant servitude Sheriff ship singular successors statute superior tack tacksman tailzie teinds tenant terce thirlage tion tutors vassal wadset wife
Popular passages
Page 381 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 113 - ... not only to the value of the land to be purchased or taken by the promoters of the undertaking, but also to the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers of this or the special Act, or any Act incorporated therewith.
Page 395 - The contract commonly called life assurance, when properly considered, is a mere contract to pay a certain sum of money on the death of a person, in consideration of the due payment of a certain annuity for his life, — the amount of the annuity being calculated, in the first instance, according to the probable duration of the life : and, when once fixed, it is constant and invariable.
Page 107 - Society instituted for purposes of Science, Literature, or the Fine Arts exclusively, either as tenant or as owner, and occupied by it for the transaction of its business, and for carrying into effect its purposes, provided that such Society shall be supported wholly or in part by annual voluntary contributions, and shall not, and by its laws may not, make any dividend, gift, division, or bonus in money unto or between any of its members...
Page 394 - That in all cases where the insured hath interest in such life or lives, event or events, no greater sum shall be recovered or received from the insurer or insurers than the amount or value of the interest of the insured in such life or lives, or other event or events : IV.
Page 391 - ... indemnity requires that he should make a cession of all his right to the recovery of it, and that too within a reasonable time after he receives the intelligence of the accident, that the underwriter may be entitled to all the benefit of what may still be of any value ; and that he may, if he pleases, take measures, at his own cost, for realising or increasing that value.
Page 374 - ... done or omitted to be done after a Change shall have taken place in any one or more of the Persons constituting the Firm, or in the Person trading under the Name of a Firm, unless the Intention of the Parties, that such Promise shall continue to be binding notwithstanding such Change, shall appear either by express Stipulation or by necessary Implication from the Nature of the Firm or otherwise.
Page 570 - Parliament, declares all and whatsoever voluntary dispositions, assignations, or other deeds, which shall be found to be made and granted, directly or indirectly, by the...
Page 576 - The moveable estate and effects of the bankrupt, wherever situated, so far as attachable for debt, to the same effect as if actual delivery or possession had been obtained, or intimation made at that date, subject always to such preferable securities as existed at the date of the sequestration, and are not null or reducible...
Page 16 - It is a clear proposition, not only of the law of England, but of every country in the world, where law. has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner.