Cases Decided in the House of Lords: On Appeal from the Courts of Scotland, 1825 [-1834], Količina 5 |
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Pogosti izrazi in povedi
act of parliament action adjudged affirmed Alexander alleged alteration appears appellant assignation bank Bishop of Orkney bond bound Cathcart claim common law complained contract conveyance Court of Session creditors David Dickson debt decision declared decree deed of entail defender deponent Dickson disponed doubt Earl effect election entitled Ersk evidence executed favour foresaid granted granter ground heir of entail heirs male heirs of tailzie heritable House of Lords infeftment interest interlocutor issue James John Judges judgment jury landlord lands law of Scotland lease letter liable Lord Ordinary Lordships Mackenzie March marriage Medwyn obligation opinion parties payment person Porterfield possession present principle proprietor provisions pursuer quarries question remit rent resolutive clauses respect respondent Robert Colquhoun sasine Sept Shaw and Dunlop Sir Ilay Campbell statute sub-tenant tacksman tenant thereof tion trustees whole William William Gibson William Porterfield
Priljubljeni odlomki
Stran 333 - Majesty's subjects to tailzie their lands and estates, and to substitute heirs in their tailzies, with such provisions and conditions as they shall think fit, and to affect the said tailzies with irritant and resolutive clauses, whereby it shall not be lawful to the heirs of tailzie to sell, annailzie, or dispone the said lands, or any part thereof, or contract debt, or do any other deed whereby the...
Stran 713 - And it is further ordered, That the cause be remitted back to the Court of Session in Scotland, with instructions to decern against the respondent William Watson, in terms of the second conclusion of the libelled summons, and to do further in the cause as shall be just and consistent with this judgment.
Stran 201 - And with this declaration it is further ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just, and consistent with this judgment and declaration.
Stran 139 - For surely it cannot be represented as the law of any civilized country, that in such a transaction a man shall use serious words, expressive of serious intentions, and shall yet be afterwards at liberty to aver a private intention, reserved in his own breast, to avoid a contract which was differently understood by the party with whom he contracted.
Stran 193 - Movables might, however, be vested in trustees, to be enjoyed by an indefinite series of persons for life; nor does there seem to have been any limit on the time during which this might last.8 "In Scotland the law, instead of discouraging perpetuities, gives them all manner of encouragement, and instead of confining the time to the lives in being and twenty-one years, with the time of gestation beyond, permits you, in every case, to tie up property for ever and ever.
Stran 626 - ... or any two of them, shall have full power and authority to...
Stran 248 - Ktundum formam charta, the land itself shall not pass, because he hath a particular right in the land: for, thereby he shall not have the houses, timber-trees, mines, and other real things parcel of the inheritance, but he shall have the vesture of the land...
Stran 521 - Session judicially, who are hereby ordained to interpose their authority thereto ; and that a record be made in a particular register-book, to be kept for that effect, wherein shall be recorded the names of the maker of the tailzie, and of the heirs of tailzie...
Stran 476 - And it is further ordered, That the Court to which this remit is made, do require the opinion of the Judges of the other Division, in the matters and questions of law in this case, in writing; which Judges of the other Division are so to give and communicate the same : And after so reviewing the said interlocutor complained of, the said Court do and decern in this cause as may be just.
Stran 558 - The Act then appoints the sasines, reversions, &c., to be registered within three-score days after execution, otherwise they are " to make no faith in judgment, by way of action or exception, in prejudice of a third party, who hath acquired a perfect and lawful right to the said lands and heritages : Bot prejudice alwayes to them to use the said writs against the party maker thereof, his heirs, and successeurs.