A Manual of Conveyancing: In the Form of Examinations Embracing Both Personal and Heritable RightsBell & Bradfute, 1881 - 601 pages |
From inside the book
Results 1-5 of 81
Page 17
... contract but not in the other ? A marginal addition on one of the duplicates is probative against the party who is possessed of and founds on that duplicate ; 1 Mags . of Dundee v . Morris , 1st May , 1858 ; H. of L. , 3 Macq . 134 ...
... contract but not in the other ? A marginal addition on one of the duplicates is probative against the party who is possessed of and founds on that duplicate ; 1 Mags . of Dundee v . Morris , 1st May , 1858 ; H. of L. , 3 Macq . 134 ...
Page 22
... contract is undertaken . ' ( c ) [ ( 9. ) It is usual in transfers of stock of Railways and Limited Liability Companies that only one witness shall authenticate each signature . ] 41. Would an unattested bond written and subscribed by a ...
... contract is undertaken . ' ( c ) [ ( 9. ) It is usual in transfers of stock of Railways and Limited Liability Companies that only one witness shall authenticate each signature . ] 41. Would an unattested bond written and subscribed by a ...
Page 37
... contract is beneficial to the pupil , it may be enforced against the major ; ( 1 ) from favour to pupils , whom the ... contracts , by which both are bound or neither ) ; and ( 2 ) in pœnam of those who would impose on their weakness ...
... contract is beneficial to the pupil , it may be enforced against the major ; ( 1 ) from favour to pupils , whom the ... contracts , by which both are bound or neither ) ; and ( 2 ) in pœnam of those who would impose on their weakness ...
Page 49
... contract obligations and sue and be sued as if she were not married . Some of the exceptions stated in the answer can hardly be said to be cases of a wife contracting a personal obligation . E consulted judges in the case of Miller v ...
... contract obligations and sue and be sued as if she were not married . Some of the exceptions stated in the answer can hardly be said to be cases of a wife contracting a personal obligation . E consulted judges in the case of Miller v ...
Page 50
... contract without the consent of her husband , as curator , or could contract even with his consent . If the personal obligation itself is a nullity , it makes no difference that there is morata solutio . But it is said that the case of ...
... contract without the consent of her husband , as curator , or could contract even with his consent . If the personal obligation itself is a nullity , it makes no difference that there is morata solutio . But it is said that the case of ...
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...