Cases Decided in the Court of Session, Том 5

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Сторінка 752 - 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.
Сторінка 440 - 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; and to affect the said tailzies with irritant and resolutive clauses, whereby it shall not be lawful to the heirs of tailzie to sell...
Сторінка 440 - ... 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.
Сторінка 477 - And it is further ordered, That the Court to which this remit is made, do 'require the opinion of the Judges of the other Division, in the matters and questions of law in this case, in writing; which Judges of the other Division are so to give and communicate the same : And after so reviewing the said interlocutor complained of, the said Court do and decern in this cause as may be just...
Сторінка 440 - 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...
Сторінка 49 - By the ninth clause the trustor provided that in the event of the death of "any of my said children...
Сторінка 540 - ... wain, cart, or other carriage employed in carrying or conveying; or going empty to fetch carry or convey, or returning empty from carrying or conveying, having been employed only in carrying or conveying on the same day...
Сторінка 278 - ... and shall not pay the said wages, or other price agreed on, or any part thereof, in goods, or by way of truck, or in any other manner than in money, or make any deduction from such wages or price for or on account of any goods sold or delivered previous to such agreement, by any person or persons whatsoever...
Сторінка 917 - ... it shall, within six days thereafter, be competent to either of the parties, who may conceive that the cause ought to be tried by jury, to require the cause to be remitted to the Court of Session for that purpose where it shall be so tried...
Сторінка 569 - ... locked the door. There was no draft of the mortgage in the office, and he never mentioned it. The whole of the deed was in Wynne's own handwriting. He had three clerks, and deeds were in the usual course of business executed in the office, and witnessed by himself and his clerks. The learned Judge told the jury, that the first question for their consideration was, whether the mortgage to the lessor of the plaintiff was duly executed by Wynne the deceased ; but that if they thought it was originally...

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