The Law of Legitimation by Subsequent Marriage: Illustrative of the Variances Between the Laws of Succession to Property in England and ScotlandSaunders and Benning, 1829 - 57 strani |
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The Law of Legitimation by Subsequent Marriage: Illustrative of the ... Erasmus Robertson Predogled ni na voljo - 2023 |
The Law of Legitimation by Subsequent Marriage: Illustrative of the ... Erasmus Robertson Predogled ni na voljo - 2023 |
Pogosti izrazi in povedi
admitted alienation Angliæ authority Blackstone born before espousals born before marriage canon law chief lord child children born children previously born civil law claiming as heir concubinage contracted contrary coun decided decision different countries domicile Drummond eldest English law father feudal law foreign laws Gavelkind gentium govern grounded hæres heritable property House of Lords inherit lands inheritance in England Inst intermarried intervening marriage issue jurisdiction king of Scotland kingdom kingdom of England lands in England law of descents law of England law of Scotland legitimation by subsequent lex domicilii lex loci contractus lex loci rei loci rei sitæ Lord Coke married moveable estate mulier puisnè municipal law observes parents personal status place of birth prevail principle property in Scotland question quoad regulating riage says Scot Scottish law seised Sheddan statute of Merton Strathmore subsequent intermarriage subsequent marriage succession to land succession to personal sunt timate tion
Priljubljeni odlomki
Stran 36 - A bastard, by our English laws, is one that is not only begotten, but born, out of lawful matrimony. The civil and canon laws do not allow a child to . remain a bastard, if the parents afterwards intermarry ' : and herein they differ most materially from our law ; which, though not so strict as to require that the child shall be begotten, yet makes it an indispensable condition, to make it legitimate, that it shall be born, after lawful wedlock.
Stran 53 - Scotland. We are therefore to decide the point at issue as if the two kingdoms were still separate from each other, or as if it had occurred immediately after the accession of James VI. of Scotland to the English throne ; and...
Stran 22 - England... and have no dependency upon any forreine law whatever, no, not upon the Civil or Canon law other than in cases allowed by the Laws of England... therefore foreign precedents are not to be objected against us, because we are not subject to foreign laws1...
Stran 25 - that the king is the universal lord and original proprietor of all the lands in his kingdom, and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Stran 43 - Bastards, by our law, are such children as are not born either in lawful wedlock, or within a competent time after its determination. Such are held to be nullius Jilii, the sons of nobody ; for the maxim of law is, qui ex damnato coitu nascuntur, inter liberos non cojnputantur.
Stran 39 - ... Alexander III. to this purpose: however, Glanville observes, that this part of the canon law, being contrary to the usages of the realm, was not binding. And therefore, notwithstanding the pretensions of the court of Rome ran high, yet in the case of general bastardy, when the king wrote to the bishops to certify who was lawful heir to any lands, or other inheritance, they ought to certify according to the law and custom of England, and not according to the Roman canons and constitutions, when...
Stran 17 - England had real estate in Scotland, upon which he granted a heritable bond to secure a debt contracted in England. He died intestate, and the question was, by which of the estates this debt was to be borne. It was clear that, by the English law, the personal estate was the primary fund for the payment of debts ; it was equally clear that, by the law of Scotland, the real estate was the primary fund for the payment of the heritable bond.
Stran 47 - The Rule cannot be stated too broadly, that the Description, " Child, Son, Issue." every Word of that Species, must be taken prima facie to mean legitimate Child. Son. or Issue...
Stran 15 - I shall cou" elude with a few observations upon a question that might "arise; and which I often suggested to the Bar. What " would be .the case upon two contemporary and equal " domicils, if ever there can be such a case ? I think such " a case can hardly happen, but it is possible to suppose it. " A man, born no one knows where, or having had a domicil " that he lias completely abandoned, might acquire, in the " same or different countries, two domicils at the same " instant, and occupy both under...
Stran 16 - ... died intestate ; leaving real Estate in Scotland. The Heir was one of the next of Kin ; and claimed a Share of the personal Estate. To this Claim it was objected, that by the Law of Scotland the Heir cannot share in the personal Property with the other next of Kin except on Condition of collating the real Estate ; that is, bringing it into a Mass with the personal Estate, to form one common Subject of Division. (Ersk. Inst. Law of Scotl. 701 (5th Ed.).) It was determined however, that he was...