Reports of Cases Upon Appeals and Writs of Error in the House of Lords: And Decided During the Sessions 1827 [-1832.], Part 130, Volume 2J. & W. T. Clarke, 1832 - Law reports, digests, etc |
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Page 72
... creditor was principally to be " considered ; so that if an heritable security were " afterwards taken for a debt moveable ab initio , it is 66 66 66 presumed , the creditor intended that the sum should belong to his heirs ; secus , if ...
... creditor was principally to be " considered ; so that if an heritable security were " afterwards taken for a debt moveable ab initio , it is 66 66 66 presumed , the creditor intended that the sum should belong to his heirs ; secus , if ...
Page 108
... creditors ; in other words that it might be found that his infeftment was not a base infeftment , but a public infeftment unconfirmed . " When this point came first to be discussed before " the first division of the Court of Session , a ...
... creditors ; in other words that it might be found that his infeftment was not a base infeftment , but a public infeftment unconfirmed . " When this point came first to be discussed before " the first division of the Court of Session , a ...
Page 109
... creditors had full knowledge , when they lent " their money to Mr. Campbell . The Court , accord- ingly , upon advising a reclaiming petition for the present Respondent , with answers for Sir Colin and Captain Campbell , being desirous ...
... creditors had full knowledge , when they lent " their money to Mr. Campbell . The Court , accord- ingly , upon advising a reclaiming petition for the present Respondent , with answers for Sir Colin and Captain Campbell , being desirous ...
Page 115
... creditor , who was found entitled to relief from " the writer ; 1710 , November 28th , Wood against " Fullerton . " A clerk of session found liable in damages for delay in giving out an extract ; 1725 , July 27th , " Robertson against ...
... creditor , who was found entitled to relief from " the writer ; 1710 , November 28th , Wood against " Fullerton . " A clerk of session found liable in damages for delay in giving out an extract ; 1725 , July 27th , " Robertson against ...
Page 116
... creditors . ' He used " inhibition on the ground of debt ; but as he neg- " lected to adjudge , no part of the money was re- " covered . The Lords found him liable in a sum " equal to what the pursuer would have received had " an ...
... creditors . ' He used " inhibition on the ground of debt ; but as he neg- " lected to adjudge , no part of the money was re- " covered . The Lords found him liable in a sum " equal to what the pursuer would have received had " an ...
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Common terms and phrases
affirmed afterwards agent alleged Appellant assigned auction duty bailiffs Banagher bankrupt bill bond borough aforesaid burgesses bye-law claim consideration convey conveyance Court of Chancery Court of Equity Court of Exchequer Court of Session creditors Crown death debts declared decree deed Defendants in Error directed discharge duly DUNDAS effect election Elphin English enrolled entitled equity evidence executed executors Fausset favour fraud grant heirs Henry Compton Henry Fauntleroy heritable HONYMAN House of Lords infeftment interest interlocutor issue John Ewen Judges judgment jury Kilglass Lady lands lease Lord Chancellor Lord Ordinary Lordships Loughrea Lysaght Maccabe MACDOUGALL Macneil marriage mayor ment mortgagee Nicol opinion paid parties Patrick Considine payment peerage person Plaintiff in Error plea present purchase PURRIER Pursuer question rent respect Respondent ROWAND Scotch Scotland settlement statute tenant term testator thereof tion tithes trust-deed trustees vicarage WARBURTON whole wife
Popular passages
Page 491 - And then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico.
Page 43 - ... was served, and that no sufficient distress was to be found on the demised premises countervailing the arrears then due, and that the lessor...
Page 42 - in all cases between landlord and tenant, as often as it shall happen that one half year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a declaration in ejectment for the recovery of the demised premises...
Page 78 - Not-payment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions...
Page 158 - Court did reserve the consideration of all further directions, and of the costs of this suit, until after the said Master...
Page 77 - Representatives whomsoever, without the necessity of discussing them in their order, to repay to the said...
Page 329 - To hold the same unto her my said Wife and her Assigns, for and during the term of her natural life...
Page 491 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 193 - ... and it was referred to the Master to take an account of the personal estate, and also to state out of what estate she was dowable.
Page 219 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.