Decisions of the Court of sessions, from 1752 to (1808) |
From inside the book
Results 1-5 of 46
Page 12
... interest to dis- pute , for they do not plead that the leases complained of are like or equi- valent to alienations , but that they are really in contemplation of law alienations . 2. As to the import of the prohibitory clause . The ...
... interest to dis- pute , for they do not plead that the leases complained of are like or equi- valent to alienations , but that they are really in contemplation of law alienations . 2. As to the import of the prohibitory clause . The ...
Page 13
... 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 , without any direct transference of the property ...
... 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 , without any direct transference of the property ...
Page 16
... interest in the estate ; modes which it was impossible to enu- merate , and which must vary and multiply with the ingenuity of prac- titioners , and the progress of society . From the earliest period a distinction has been entertained ...
... interest in the estate ; modes which it was impossible to enu- merate , and which must vary and multiply with the ingenuity of prac- titioners , and the progress of society . From the earliest period a distinction has been entertained ...
Page 19
... interest to pursue , and can derive no advantage from success . If it be the purpose of Andrew Turner bona fide to reduce the lease and preserve the entail , he must insist in an action , concluding at the same time for an irritancy and ...
... interest to pursue , and can derive no advantage from success . If it be the purpose of Andrew Turner bona fide to reduce the lease and preserve the entail , he must insist in an action , concluding at the same time for an irritancy and ...
Page 24
... interest pro- " duced for them , and decerns in the preference , and against the raiser " of the multiplepoinding , for payment accordingly . " 66 And on advising a representation with answers , the interlocutor of the Lord Ordinary was ...
... interest pro- " duced for them , and decerns in the preference , and against the raiser " of the multiplepoinding , for payment accordingly . " 66 And on advising a representation with answers , the interlocutor of the Lord Ordinary was ...
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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.