A system of the forms of deeds used in Scotland, Volume 5 (Google eBook)

Front Cover
A. Constable, 1811 - Conveyancing
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Page 10 - It is always hereby declared, that if the said provisions and irritant clauses shall not be repeated in the rights and conveyances, whereby any of the heirs of tailzie shall brook or enjoy the tailzied estate, the said omission shall import a contravention of the irritant and resolutive clauses against the person and his heirs who shall omit to insert the same, whereby the said estate shall, ipso facto fall, accresce, and be devolved to the next heir of tailzie...
Page 10 - Register and his deputes the same dues as is paid for the registration of seisins, and which provisions and irritant clauses shall be repeated in all the subsequent conveyances of the said tailzied 'estate to any of the heirs of tailzie. And being so insert, his Majesty, with advice and consent foresaid, declares the same to be real and effectual, not only against the...
Page 9 - ... substitute in the tailzie, or the succession frustrate or interrupted ; declaring all such deeds to be in themselves null and void ; and that the next heir of tailzie may immediately, upon contravention, pursue declarators thereof, and serve himself heir to him who died last infeft in the fee, and did not contravene without necessity anyways to represent the contravener.
Page 545 - AB do swear and as I shall answer to God at the great day of judgment...
Page 460 - And I consent to the registration hereof in the books of Council and Session or any other judges' books competent, therein to remain for preservation, and thereto I constitute . . . my procurators, etc.
Page 9 - ... their lands and estates, and to substitute heirs in their tailzies, with such provisions and conditions as they shall think fit, and to affect the said tailzies with irritant and resolutive clauses, whereby it shall not be lawful to the heirs of tailzie to sell, annailzie, or dispone the said lands, or any part thereof, or contract debt, or do any other deed whereby the...
Page 10 - ... clauses against the person and his heirs who shall omit to insert the same, whereby the said estate shall ipso facto fall, accresce, and be devolved to the next heir of tailzie, but shall not militate against creditors and other singular successors, who shall happen to have contracted bnnnjide with the person who stood infeft in the said estate, without the said irritant and resolutive clauses in the body of his right.
Page 9 - And that a record be made in a particular register-book, to be kept for that effect, wherein shall be recorded the names of the maker of the tailzie, and of the heirs of tailzie, and the general designations of the lordships and baronies, and the provisions and conditions contained in the tailzie...
Page 407 - And both parties consent to the registration hereof in the Books of Council and Session Sheriff Court of Dunbartonshire or other Judges...
Page 9 - Lord, &c. statutes and declares, That it shall be lawful to his Majesty's subjects to tailzie their lands and estates, and to substitute heirs in their tailzies, •with such provisions and conditions as they shall think fit...

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