An Institute of the Law of Scotland: In Four Books : in the Order of Sir George Mackenzie's Institutions of that Law, Band 2Bell & Bradfute, 1828 |
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Seite 586
... cautioner might be interposed in natural obligations , who would be effectually bound by his cautionary engagement , though the principal debtor could not be sued , L. 6. § 2. L. 7. De fidej . The effects given by the usage of Scotland ...
... cautioner might be interposed in natural obligations , who would be effectually bound by his cautionary engagement , though the principal debtor could not be sued , L. 6. § 2. L. 7. De fidej . The effects given by the usage of Scotland ...
Seite 625
... cautioner has no effect in restricting the accepter's liability . " The judges were clearly of opinion , that cautionary obligations in bills of exchange " could have no other effect than that of settling the question of relief ; " Fac ...
... cautioner has no effect in restricting the accepter's liability . " The judges were clearly of opinion , that cautionary obligations in bills of exchange " could have no other effect than that of settling the question of relief ; " Fac ...
Seite 638
... cautioner , the better to enable him to recover payment or relief , is effectual with- out delivery , Stair , Jan. 18. 1677 , Dick , ( DICT . p . 6548 ) . 6thly , Mutual obligations or contracts , signed by two or more parties for their ...
... cautioner , the better to enable him to recover payment or relief , is effectual with- out delivery , Stair , Jan. 18. 1677 , Dick , ( DICT . p . 6548 ) . 6thly , Mutual obligations or contracts , signed by two or more parties for their ...
Seite 673
... cautioner in a bond having paid the debt , and next day discovered that by lapse of the seven years he had become free of his engagement in consequence of the statute 1695 , c . 5 . was found entitled to repetition from the creditor ...
... cautioner in a bond having paid the debt , and next day discovered that by lapse of the seven years he had become free of his engagement in consequence of the statute 1695 , c . 5 . was found entitled to repetition from the creditor ...
Seite 678
... cautioners were , by the Roman law , styled adpromissors . This obligation may be constituted indirectly , without any proper fidejussory clause ; thus one , merely by giving a mandate to lend money to a third person , becomes cautioner ...
... cautioners were , by the Roman law , styled adpromissors . This obligation may be constituted indirectly , without any proper fidejussory clause ; thus one , merely by giving a mandate to lend money to a third person , becomes cautioner ...
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Häufige Begriffe und Wortgruppen
2dly act of sederunt action adjudication ancestor appear arrestment assignation bankrupt Bell Comm bill bond cautioner claim clause Coll competent confirmation contract Court of Session creditor crime criminal death debt due debtor deceased declared decree deed defender DICT diligence Durie effect enacted entitled escheat execution executor Falc father favour Forbes Fount granted granter ground hath heir's heritable heritage House of Lords husband hypothec Ibid infeftment infr interest judge judgment July July 22 June June 17 June 28 jurisdiction jury Kames Kilk lands legacy letters letters of horning liable libel liferent Lord March marriage ment moveable nature oath obligation party passive title payment person poinding possession prescription presumed presumption proof proper provision punishment pursuer rent Roman law rule Scotland seisin Stair statute supr tailzie testament tion wife witnesses writing
Beliebte Passagen
Seite 14 - ... issues, profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Seite 771 - For remedy whereof be it enacted by the authority aforesaid, that no bill of exchange, or inland bill, or promissory note, executed after the fifteenth day of May, one thousand seven hundred and seventy-two, shall be of force, or effectual to produce any diligence or action in that part of Great Britain called Scotland, unless such diligence shall be raised and executed, or action commenced thereon, within the space of six years from and after the terms at which the sums in the said bills or notes...
Seite 2 - And be it further enacted, that in every case where any house, shop, or other building whatever, or any part thereof, shall be destroyed, or shall be in any manner damaged or injured, or where any fixtures thereto attached, or any furniture, goods, or commodities whatever, which shall be therein, shall be destroyed, taken away, or damaged...
Seite 602 - ... means of any robbery, embezzlement, making away with, or secreting thereof, unless the owner or shipper thereof shall, at the time of shipping the same, insert in his bill of lading, or otherwise declare, in writing, to the master, owner or owners of such ship or vessel, the true nature, quality, and value of such gold, silver, diamonds, watches, jewels, or precious stones.
Seite 14 - That no person or persons shall, after the passing of this act, by any deed or deeds, surrender or surrenders, will, codicil or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Seite 14 - ... or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the...
Seite 11 - Provided always, and be it enacted, That the heritor or heritors from whose estates any ground shall be taken for the purpose of such school-house, dwellinghouse, and garden, shall have his, her, or their relief against the other heritors of the parish, for the value of the ground so to be taken in proportion to the valued rent of the lands belonging to the whole heritors in the parish ; such relief to be settled only by the sheriff or stewart of the county or stewartry, without appeal by advocation,...
Seite 634 - In the conveyance of an immoveable subject, or of any right affecting heritage, the grantor must follow the solemnities established by the law, not of the country where he signs the deed, but of the state in which the heritage lies, and from which it is impossible to remove it...