Decisions of the Court of sessions, from 1752 to (1808) |
From inside the book
Results 1-5 of 89
Page 7
... heirs - male of his body , nor to the other heirs of tailzie respective above mentioned , nor any " of them , to sell , alienate , wadset , or dispone any of the said haill lands , or any part thereof , nor to grant infeftment of ...
... heirs - male of his body , nor to the other heirs of tailzie respective above mentioned , nor any " of them , to sell , alienate , wadset , or dispone any of the said haill lands , or any part thereof , nor to grant infeftment of ...
Page 8
... heir from doing those deeds which the entailer wished to prevent . Hence they received the same strict ... heir . Blackst . vol . ii . p . 112 . In the law of Scotland , however , such a fiction was not resorted to ; the fee is held to ...
... heir from doing those deeds which the entailer wished to prevent . Hence they received the same strict ... heir . Blackst . vol . ii . p . 112 . In the law of Scotland , however , such a fiction was not resorted to ; the fee is held to ...
Page 9
... heir is at liberty to do . In the opinion of all in- stitutional writers , entails are so considered . M'Kenzie , b . 3. tit . 8. § 17 . Spottiswoode's and Bayne's edit . p . 232 , note A. Bank . b . 2. tit . 3. § 149 and 150. Ersk . b ...
... heir is at liberty to do . In the opinion of all in- stitutional writers , entails are so considered . M'Kenzie , b . 3. tit . 8. § 17 . Spottiswoode's and Bayne's edit . p . 232 , note A. Bank . b . 2. tit . 3. § 149 and 150. Ersk . b ...
Page 10
... heirs , still continue feudal proprietors . In fact the present heirs have a greater rent after this alleged alienation ... heir of entail is in a totally different situation , with respect to power , from that of a person on death - bed ...
... heirs , still continue feudal proprietors . In fact the present heirs have a greater rent after this alleged alienation ... heir of entail is in a totally different situation , with respect to power , from that of a person on death - bed ...
Page 11
... heir of entail , was supported , and this decision has , in the understanding of the country , been regarded as ... heirs prohibited by entails to let leases beyond a certain en- durance , are enabled , in certain circumstances , to ...
... heir of entail , was supported , and this decision has , in the understanding of the country , been regarded as ... heirs prohibited by entails to let leases beyond a certain en- durance , are enabled , in certain circumstances , to ...
Other editions - View all
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.