The Scottish Law Reporter: Containing Reports ... of Cases Decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords, Band 13W. & R.A. Veitch, 1876 |
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Seite x
... judgment of the Lord Ordinary , in a competition between B and the trustee upon A's sequestrated estate ) that although not in the statutory form , there was a valid assignation to B both of the debt and of the security . Douglas v . M ...
... judgment of the Lord Ordinary , in a competition between B and the trustee upon A's sequestrated estate ) that although not in the statutory form , there was a valid assignation to B both of the debt and of the security . Douglas v . M ...
Seite xviii
... judgments . Opinion ( per Lord Neaves ) that the present action was barred by mora , and , in particular , that there ... judgment of Lord Shand ) that when the tenant of minerals , under a lease of ordinary duration , erected upon the ...
... judgments . Opinion ( per Lord Neaves ) that the present action was barred by mora , and , in particular , that there ... judgment of Lord Shand ) that when the tenant of minerals , under a lease of ordinary duration , erected upon the ...
Seite xxix
... judgment , founded on as res judicata , which decided that a marriage had not been con- tracted . Lockyer v . Ferryman and Others , p . 572 . -See Process - Appeal . Responsibility . See Master and Servant . Restitution . See Contract ...
... judgment , founded on as res judicata , which decided that a marriage had not been con- tracted . Lockyer v . Ferryman and Others , p . 572 . -See Process - Appeal . Responsibility . See Master and Servant . Restitution . See Contract ...
Seite xxx
... judgment the character of the possession founded upon must be ascertained , the inquiry for this purpose not being limited to the seven years prior to the institution of the action , and that , as in this case there was prima facie ...
... judgment the character of the possession founded upon must be ascertained , the inquiry for this purpose not being limited to the seven years prior to the institution of the action , and that , as in this case there was prima facie ...
Seite 23
... judgment in the other actions , as I think we should now do , then the Court is now to hold that Mr Jack had no right to build the gable as he did , and although the defenders were too late in their application for interdict , and were ...
... judgment in the other actions , as I think we should now do , then the Court is now to hold that Mr Jack had no right to build the gable as he did , and although the defenders were too late in their application for interdict , and were ...
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action agent alleged amount appears applied Ardmillan averred belonging bills Boat of Garten bond bottomry bound Broomhouse Caledonian Railway circumstances claim clause coal Company conclusion concur contract conveyance Counsel Court Court of Session creditors damages death debt deceased decerns declarator decree deed defender's defenders disposed disposition division doubt Edrom effect entitled ex facie expenses favour feu-duty fishings Glasgow granted ground heirs held heritable heritors indiviso inter interdict interlocutor judgment kavels Lady Gray landlord lands of Inchyra lease liable liferent Lord Advocate Lord Ordinary Lordship Mackie Macph March Martinmas ment notice opinion parish parties payment person petition petitioner possession Presbytery present proceedings proof proprietor provisions pursuer question Railway reclaimed rent residue respondent river Tay runrig salmon-fishings School Board Scotland sequestration Sheriff Sheriff-Substitute statute suer tenant testator thereof tion trustees vested Vict Walter Buchanan whole
Beliebte Passagen
Seite 212 - On the other hand, if the defendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it. for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land...
Seite 232 - And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease...
Seite 212 - I may term the natural user of that land there had been any accumulation of water, either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.
Seite 212 - ... purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land ; and if in consequence of their doing so, or in consequence of any imperfection in the mode of their doing so, the water came to escape and to pass off into the close of the plaintiff, then it appears to me that that which the defendants were doing they were doing at their own peril...
Seite 85 - C. D., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal.
Seite 220 - ... mode of their doing so, the water came to escape and to pass off into the close of the Plaintiff, then it appears to me that that which the Defendants were doing they were doing at their own peril ; and, if in the course of their doing it, the evil arose to which I have referred, the evil, namely, of the escape of the water and its passing away to the close 'of the Plaintiff and injuring the Plaintiff, then for the consequence of that, in my opinion, the Defendants would be liable.
Seite 220 - ... have used that close for any purpose for which it might in the ordinary course of the enjoyment of land be used ; and if, in what I may term the natural user of that land, there had been any accumulation of water, either on the surface or...
Seite 194 - it is called interest but is really damages." If the judge was meaning that such damages were not capable of being treated as interest, he was in my opinion guilty of an error in law, even before the Act of 1934. I do not think it necessary to express any opinion on the actual decision of that case, which turned upon its particular facts.
Seite 320 - Whenever the company has passed an extraordinary resolution to the effect that it has been proved to its satisfaction that the company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same.
Seite 219 - ... remits the same, when lodged, to the Auditor of Court to tax and report...