The Scottish Jurist: Containing Reports of Cases Decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts, Volume 16Michael Anderson, 1844 - Law reports, digests, etc |
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Common terms and phrases
action agent alleged apply averred bankrupt bill bond charter circumstances claim clause competent concur conditional institute contract conveyance conveyed Court Court of Session creditors death debt decerns declared decree deed defender destination disponee disposition Duke of Douglas Earl of Forfar effect eldest entitled evidence executed expenses father favour feu-duties feudal title Fogo foresaid granted granter ground heir of provision heirs of entail heirs-male heirs-portioners held heritable House of Lords infeftment interlocutor Isobel Russell John John Grant John Lindsay Judges judgment jury lands liable liferent Lord Advocate Lord Moncreiff Lord Ordinary Lordships ment objection obligation opinion parties payment personal right plea possession predeceased present proceedings procuratory pronounced the following pursuer question reclaimed reference remit respondents Scotland sequestration settlement Sheriff statute substitute summons suspender tailzie taken teinds thereof tion trustees vested warrandice whole
Popular passages
Page 54 - ... to alter, innovate, or revoke these presents in whole or in part...
Page 55 - It is ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said...
Page 87 - ... allows an account thereof to be given in, and remits the same, when lodged, to the Auditor to tax and report.
Page 268 - There are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy: that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act as to suppress the mischief and advance the remedy.
Page 99 - ... in any court of law or equity, touching or concerning the property, right, or claim...
Page 99 - ... trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland...
Page 268 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe...
Page 249 - He that is surety for a stranger shall smart for it : and he that hateth suretyship is sure.
Page 240 - Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary.
Page 45 - Ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just and consistent with this judgment...