Digest of Cases Decided in the Supreme Courts of Scotland, from 1800 to 1842;Thomas Clark, 1843 |
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Άλλες εκδόσεις - Προβολή όλων
Digest of Cases Decided in the Supreme Courts of Scotland, from 1800 to 1842 Lecturer in Logic Patrick Shaw,Scotland Courts,Great Britain Parliament House of Lor Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2015 |
Συχνά εμφανιζόμενοι όροι και φράσεις
acceptor adjudication aliment alleged appeal arbiter arrestment assignation awarded bank bankrupt behoof Bell bill of suspension bound burgh Campbell cautioner cessio charge Circumstances claim client composition consigned Court of Session creditor debt debtor deed defender diligence discharge drawer Edinburgh effect entail ex facie executor expenses father favour funds granted heir held competent held entitled heritable House of Lords Hume husband hypothec incompetent indorsed infeft interdict interim execution intimation judgment July 11 July 9 June June 16 June 25 law-agent lease Lord Ordinary magistrates March March 11 Martinmas ment multiplepoinding oath objection obligation obtained decree paid payable payment pending petition poinding preferable prior pronounced prorogation purchaser pursuer question raised an action ranking and sale refused remit rents royal burgh Scotland sequestrated estate Stewart tenant thereafter third party tion trustee wife
Δημοφιλή αποσπάσματα
Σελίδα 36 - ... in the circumstances, that the common agent was not entitled to charge a commission of two and a half per cent on the price of the subject, particularly in respect that he had charged a full account of agency a!
Σελίδα 33 - The taking out a single certificate within the time specified an the 7 Geo. IV. c. 44, is sufficient to entitle an agent who has omitted to take out certificates for several years, to sue for recovery of expenses incurred in conducting an action during the years when he had no certificate, without also taking out certificates for these years ; and doubts expressed as to whether the incapacity of suing, declared by the 48 Geo. in. c. 149, applies to an agent conducting a suit of his own.
Σελίδα 18 - A law agent was employed to expede an adjudication at the instance of a creditor of an heir of entail in possession ; but in place of obtaining a decree adjudging the lands, he took one of the liferent of the heir, on which charter and sasine were expede ; and the title so constituted was found, in competition with another creditor, to be inept. Held that the agent, having followed the usual practice in such cases, was not liable for the debt, but only to repeat the amount of the account paid to...
Σελίδα 287 - ... children herein-after specified, and the yearly amount of other burdens of what nature soever affecting and burdening the said lands and estates or the yearly rents or proceeds thereof, and diminishing the clear yearly rent or value thereof to such heir of entail in possession, all as the same may happen to be at the death of the grnnter.
Σελίδα 232 - I shall feel much obliged by your stating that he is in excellent credit, and possessed of capital for carrying on an extensive business ;" and goods were sold to AS eighteen months afterwards, on a reference to the holder of the letter, and on the faith of it ; held that the writer was liable for the price, although it was not alleged that the statement was false at the time the letter was written.
Σελίδα 385 - ... shall, in competition with the trustee, be available only for the interest on the debt for the current half-yearly term, and for the arrears of interest for one year immediately before the commencement of such term.
Σελίδα 281 - ... son, and the heirs-male of his body; whom failing, the heirs-female of his body (the eldest always succeeding, to the exclusion of heirs-portioners, throughout the whole course of the succession) ; whom failing, one of the estates to a daughter of the entailer, till her son should attain twenty-one years of age, and then to him and the heirs of his body; whom failing, to the heirs of the body of the entailer's daughter...
Σελίδα 398 - A party by his trust deed of settlement declared "that my said trustees shall pay over the whole free residue and remainder of my means and estate, above disponed, to AC my son, and his heirs, executors, and successors ; hereby declaring my will to be, that my said trustees shall entail the whole amount on the heirs-male of the said AC ; whom failing, on the heirs-male of DC ; whom failing, on the heirs-male of JC ; whom failing, on the heirs-male of MP...
Σελίδα 266 - Held that a minister of one of the parliamentary churches, who in ignorance of his right to become a contributor to the ministers' widows' fund had allowed several years to elapse without claiming such right, and who was found liable as a contributor at the rate fixed by the statute for those who have not duly declared their selection of one of the rates prescribed by the statute, was chargeable with interest on the arrears of such rate. Gordon v. Trs. of Ministers' Widows
Σελίδα 19 - means the Act of the seventh year of the reign of His Majesty King William the Fourth and the first year of the reign of Her present Majesty, chapter forty-one, intituled " An Act for the more effectual recovery of small debts in the sheriff courts, and for regulating the establishment of circuit courts for the trial of small debt causes by the sheriffs in Scotland," and the Acts amending the same : The expression " surety