Decisions of the Court of sessions, from 1752 to (1808) |
From inside the book
Results 1-5 of 73
Page 6
... effect of contradicting the only evidence which has been brought in this cause ; therefore remits to the Commissary of Glasgow " with instructions to recal the interlocutors complained of , and to as- " soilzie the defender . " 66 The ...
... effect of contradicting the only evidence which has been brought in this cause ; therefore remits to the Commissary of Glasgow " with instructions to recal the interlocutors complained of , and to as- " soilzie the defender . " 66 The ...
Page 8
... effect of these prohibitions , improved and strengthened by the addition of irritant and resolutive clauses , was first discussed , the Court had great difficulty in supporting them . Stair , edit . 1681 , p . 271 . To remove these ...
... effect of these prohibitions , improved and strengthened by the addition of irritant and resolutive clauses , was first discussed , the Court had great difficulty in supporting them . Stair , edit . 1681 , p . 271 . To remove these ...
Page 11
... to say , that this clause can have no legal effect from its defective expression . Every instance of a disappointed C entail entail is an example of clauses defective in precision meeting Nov. 17. 1807 . 11 COURT OF SESSION .
... to say , that this clause can have no legal effect from its defective expression . Every instance of a disappointed C entail entail is an example of clauses defective in precision meeting Nov. 17. 1807 . 11 COURT OF SESSION .
Page 12
... effects of either may be to disappoint the succession ; and it is a probable or possible supposition , that the ... effect which was attributed to them by those by whom they were used . That the clauses in the en- tail do not fall ...
... effects of either may be to disappoint the succession ; and it is a probable or possible supposition , that the ... effect which was attributed to them by those by whom they were used . That the clauses in the en- tail do not fall ...
Page 13
... effect is to give to another the substantial interest in the thing alienated . That it is not restricted , to total and absolute divestiture of property is clear ; because , on the one hand , there may be an effectual alienation ...
... effect is to give to another the substantial interest in the thing alienated . That it is not restricted , to total and absolute divestiture of property is clear ; because , on the one hand , there may be an effectual alienation ...
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Common terms and phrases
2dly accordingly action acts of Parliament adhered adjudication alienation appear Argument augmentation bankrupt bill broker burgh caption clause Clerk commission Company contract Court of Exchequer Court of Session creditors debt debtor decerns decision declared decree deed defender deponent disponed disposition Duke Earl of Wemyss effect entitled ex facie executed expences favour following interlocutor Glasgow granted heir of entail heritable heritors House of Lords indorsation infeftment inhibition insured interpretation James Norcliffe John judgment July June jurisdiction Justices Justices of Peace lands lease liable Lord Ordinary malt messenger minister moveables negative prescription obligation opinion parties payment person petition and answers possession premiums present principle prohibition purchaser pursuer question reclaiming petition remitted rent rule Scotland Sheriff statute stipends sufficient tacks tailzie teinds tenant thirlage tion trustee W. S. Agents William William Lamberton
Popular passages
Page 57 - That the Court of Session or College of Justice do after the union and notwithstanding thereof remain in all time coming within Scotland as it is now constituted by the laws of that kingdom, and with the same authority and privileges as before the union, subject nevertheless to such regulations for the better administration of justice as shall be made by the Parliament of Great Britain...
Page 103 - House ; and that the said interlocutor, so far as the same is complained of in the said cross-appeal, be, and the same is hereby affirmed ; and it is further ordered, that the said cause be remitted back to the Court of Session in Scotland, to do further therein as may be consistent with this judgment, and as may be just.
Page 103 - It is ordered and adjudged, by the Lords spiritual and temporal in Parliament assembled, That the said petition and appeal be and the same is hereby dismissed this House, and that the said several interlocutors therein complained of be and the same are hereby affirmed.
Page 112 - tenant was explicitly bound ' to eat and consume the whole straw growing on the said ' lands with his bestial, and lay the whole dung thereon the last year of the tack at • bear seed time.
Page 249 - ... of every heritor, whether resident or not, at least thirty free days before such meeting shall take place; and on due consideration of the circumstances of the particular parish, in respect of extent, population, and valued rent, such meeting shall judge and determine whether the schoolmaster's salary...
Page 43 - ... may (upon giving security to the amount of the value of such penalty and forfeiture, together with such costs as shall be awarded in case such judgment shall be affirmed) appeal to the justices of the peace at the next general quarter sessions...
Page 103 - August 1800, and praying that the same might be reversed ; or that the Appellants might have such other relief in the premises, as to this House, in their Lordships...
Page 32 - ... competent for, and indeed the duty of the judge of the roup, by laying the sandglass on its side, or making it run backwards, to prevent it from running out, so long as there appeared offerers bidding against each other...
Page 175 - ... or bankrupt, either at or after his becoming bankrupt, or in the space of sixty days of before, in favour of his creditor, either for his satisfaction or further security, in preference to other creditors, to be void and null.