Decisions of the Court of Session: From November 1825 to [20th July 1841] ...J. Anderson and Company, 1830 |
Common terms and phrases
action advocation afterwards alleged appears apply assignation Bank bankrupt bill bond burgh cautioners charter circumstances claim clause Clerk Company competent concurred contract conveyance Court of Session creditors Dean of Fac debt debtor decerned declared decree deed defender defender's Earl effect entail entitled executed expenses favour finds Glenlee granted granter ground Hapland heirs held heritable heritors House of Lords husband infeftment interest interlocutor James Pollock judgment July June landlord lands lease letter liable libel Lord Moncreiff Lord Ordinary Lordship Magistrates marriage Martinmas ment nomination objection obligation Opinion of Court paid parish Park parties payment person petition pleaded Pleas Porterfield possession prescription present proceedings provisions pursuer question reclaimed remitted rent Scotland SECOND DIVISION sequestration sheriff statute summons suspender Tailzie teinds tenant tion trust-deed trustee W. S. Agent whole wife William Porterfield
Popular passages
Page 28 - ... and the original tailzie once produced before the Lords of Session judicially, who are hereby ordained to interpose their authority thereto ; 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...
Page 694 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
Page 229 - Finds the defenders entitled to expenses : Allows an account thereof to be given in, and remits to the Auditor to tax the same and to report.
Page 816 - ... expenses ; allows an account thereof to be given in, and remits the same when lodged to the Auditor to tax and report.
Page 48 - ... bond of tailzie, but with the alteration, change, and innovation of the order, course, and succession therein...
Page 378 - Parliament assembled, and by the authority of the same, that from and after the passing of this Act, in all cases of intestate succession, where any person or persons who, at the period of the death of the intestate, being next of kin, shall die before confirmation be expede, the right of such next of kin shall transmit to his or her representatives...
Page 727 - ... the case may be. Provided always, that such notes, if reclaiming against an Outer House interlocutor, shall not be received unless there be appended thereto copies of the mutual cases, if any, and of the papers authenticated as the record, in terms of the statute, if the record has been closed...
Page 409 - Monereiff in the note annexed to his judgment in Cathcart's case, ' where there is a defect in the prohibitory clause of an ' entail in any of the three great points of prohibition, the entail may be rendered ' unavailing to the substitute heirs, but the act not prohibited must be truly and actually ' done.' Of course the same rule must apply to an irritant clause. If certain acts only are held to be irritated, and others omitted, it is only an act of the latter description which can be sustained....
Page 850 - I'll love thee then, even when my love can no more avail. You deprive me, thou who art the most dear of thy endearing sex, of a very great pleasure, by prohibiting my delivering your letters to our uncle.
Page 848 - I loved you when we were together, still does it (all far short of that affection I now feel, and So fondly cherish towards you. If the sentiments which I so ardently feel, and have so repeatedly avowed, be reciprocal, hesitate not to say so.