Decisions of the Court of Session: From November 1825 to [20th July 1841] ...

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J. Anderson and Company, 1839
 

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Page 198 - ... which will shortly be mentioned. For if persons having a confidential character were permitted to avail themselves of any knowledge acquired in that capacity, they might be induced to conceal their information, and not to exercise it for the benefit of the persons relying upon their integrity. The characters are inconsistent.
Page 829 - In such a case, there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account, that is discharged, or reduced, by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are...
Page 306 - Finds the pursuer liable in the expens s incurred by them in this branch of the conjoined processes, and remits the account thereof, when lodged, to the auditor to tax and report.
Page 198 - It may be laid down as a general proposition, that trustees, — unless they are nominally such to preserve contingent remainders, — agents, commissioners of bankrupts, assignees of bankrupts, solicitors to the commission, auctioneers, creditors who have been consulted as to the mode of sale, or any persons who, by their connection with any other person, or by being employed or concerned in his affairs, have acquired a knowledge of his property, are incapable of purchasing such property themselves,...
Page 324 - ... the making of this act, as fully and effectually to all intents and purposes as if this act had never been made ; any thing herein contained to the contrary notwithstanding.
Page 613 - Scotland ;" and the Act of the same session, chapter seventy-seven, intituled "An Act to provide for the appointment and election of Magistrates and Councillors for the several Burghs and Towns of Scotland which now return or contribute to return Members to Parliament, and are not Royal Burghs...
Page 836 - Providing always that the defunct's creditors do diligence against the appearand heir, and the real estate belonging to the defunct, within the space of three years after the defunct's death. And because it were most unreasonable that the appearand...
Page 713 - Court shall be held as a general decree of adjudi• cation in favour of every creditor who shall afterwards be included • in the decree of division ; and the effect of such general decree 'shall be the same in all competitions or questions of ranking and ' preference, as if it had been pronounced and extracted of the date ' of the first calling of the process of sale before the Lord Ordinary ' in the Outer- House ; and no separate adjudication shall be allowed ' to proceed during the dependence...
Page 18 - Not-payment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions...
Page 434 - And with and under this limitation and restriction also, that it shall not be lawful to, nor in the power of, the said...

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