A Manual of Conveyancing: In the Form of Examinations Embracing Both Personal and Heritable RightsBell & Bradfute, 1881 - 601 pages |
From inside the book
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Page vi
... cited in the additional notes , the reference is to the fifth edition . In connection with this part of the work , I have much pleasure in acknowledging the valuable assistance which I have received from my friend Mr. Charles Rampini ...
... cited in the additional notes , the reference is to the fifth edition . In connection with this part of the work , I have much pleasure in acknowledging the valuable assistance which I have received from my friend Mr. Charles Rampini ...
Page 25
... cited ) Lord Jeffrey said , - " An averment in the body of the deed , that it is written by the maker's own hand , is sufficient " to shift the onus ; but in neither of those cases was the point decided ; while in Anderson ( here cited ) ...
... cited ) Lord Jeffrey said , - " An averment in the body of the deed , that it is written by the maker's own hand , is sufficient " to shift the onus ; but in neither of those cases was the point decided ; while in Anderson ( here cited ) ...
Page 32
... cited infra , * it was held that such a bond did not require to be delivered ; because it was of the nature of a provision which the father would have granted if he had been alive ; and because the deed was in fulfilment of the ...
... cited infra , * it was held that such a bond did not require to be delivered ; because it was of the nature of a provision which the father would have granted if he had been alive ; and because the deed was in fulfilment of the ...
Page 34
... ( cited infra1 ) it was held that the bond was a delivered document only to the extent of the £ 669 received by the borrower , and that as to the balance , the agent held the deed un- delivered for behoof of that party ; the principle of ...
... ( cited infra1 ) it was held that the bond was a delivered document only to the extent of the £ 669 received by the borrower , and that as to the balance , the agent held the deed un- delivered for behoof of that party ; the principle of ...
Page 36
... ( cited infra1 ) it was held that the delivered document only to the extent of the £ 669 rec borrower , and that as to the balance , the agent held t delivered for behoof of that party ; the principle of being , that if no part of the ...
... ( cited infra1 ) it was held that the delivered document only to the extent of the £ 669 rec borrower , and that as to the balance , the agent held t delivered for behoof of that party ; the principle of being , that if no part of the ...
Contents
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Common terms and phrases
11 Vict 20 Vict Aberdeen Act adjudication arrestment assignation bankrupt behoof Bell's bill bond burden burgage cautioner charter cited claim complete confirmation consent Consolidation Act contained contract Conveyancing Act Court of Session creditor death debt debtor declared decree deed destination diligence discharge disponed disposition Duff's Feud effect entail entitled Ersk ex facie executed executors expede favour feu-duty feudal granted granter heir held holograph House of Lords husband indorsation infeftment intimation July June lease letters of horning liable liferent Lord marriage ment Menzies Lect moveable notarial instrument null obligation partner party payable payment person poinding possession precept principle procuratory provisions purchaser recorded referred Register of Sasines rents resignation Scotland sequestration singular successors stamped statute subinfeudation superior supra tailzie terce testing clause tion trustees valid vassal vested warrandice warrant wife writ
Popular passages
Page 239 - Every member of the Association undertakes to contribute to the assets of the Association, in the event of the same being wound up during the time that he is a member, or within one year afterwards, for payment of the debts and liabilities of the Association contracted...
Page 238 - Association shall contain the following things ; (that is to say) : 1. The name of the proposed Company, with the addition of the word " Limited," as the last word in such name.
Page 145 - Undertaking, may be served by the same being left at or transmitted through the Post directed to the principal Office of the Promoters of the Undertaking, or One of the principal Offices where there shall be more than One, or being given or transmitted through the Post directed to the Secretary, or in case there be no Secretary the Solicitor of the said Promoters.
Page 237 - A person receiving by way of annuity or otherwise a portion of the profits of a business in consideration of the sale by him of the good-will of the business is not by reason only of such receipt a partner in the business or liable as such.
Page 231 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 236 - A person being the widow or child of a deceased partner, and receiving by way of annuity a portion of the profits made in the business in which the deceased person was a partner, is not, by reason only of such receipt, a partner in the business, or liable as such...
Page 10 - ... according to its legal import because of any informality of execution, but the burden of proving that such deed, instrument, or writing so attested was subscribed by the granter or maker thereof, and by the witnesses by whom such deed, instrument, or writing bears to be attested, shall lie upon the party using or upholding the same, and such proof may be led in any action or proceeding...
Page 232 - ... in the pound or dying in insolvent circumstances, the lender of any such loan as aforesaid shall not be entitled to recover any portion of his principal, or of the profits or interest payable in respect of such loan, nor shall any such vendor of a goodwill...
Page 9 - It shall be no objection to the probative character of a Certain rules deed, instrument, or writing, whether relating to land or not, that the writer or printer is not named or designed, or that the number of pages is not specified, or that the witnesses are not named or designed in the body of such deed, instrument, or writing, or in the testing clause thereof, provided that where the witnesses are not so named and designed their designations shall be appended to or follow their subscriptions ;...
Page 244 - ... of the person by whom the power was given : (5.) Every mortgage which is so registered as aforesaid on the certificate shall have priority over all mortgages of the same ship or share created subsequently to the date of the entry of the certificate in the register book ; and if there...