Digest of cases decided in the Courts of Session, Teinds, and Justiciary. in the House of Lords, 1821-1835; and a selection from recent statutes and English reports, with an index of names

by Patrick Shaw

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 ...and it was pleaded that the obligation was prescribed by payments contrary to it since 1707; but there was no evidence of this except the above statement; the plea repelled. K. of Aberdeen's Trustees, Nov. 22, 1821; 1 S. D. 157. 103. Circumstances in which the Court refused to declare debts allocated on a property sold under a ranking and sale prescribed bv the lapse of forty years. Falconer, Dec. 14, 1821"; 1 S. D. 214. 10t. A. was publicly infeft in lands which he disponed to his son B., who was base infeft; B.'s daughter, C, on his death passed him over, and got a precept of clare as heiress of A., and was infeft; by contract of marriage she disponed them to her husband, 1)., and the heirs of the marriage, with precept and procuratory, and I), was infeft on the precept; after the death of C. and I)., their son, K., while possessing on apparency, disponed one-half by contract of marriage to F., (the heir-male of the marriage,) and the other to trustees, and thereafter E. got a precept of clarc as heir of his mother, C.; oil the death of E., the estates of F. were sequestrated under the Bankrupt Act; the trustee set aside E.'s precept of clare as inept, got one in favour of F., as heir of provision of his grandfather, D., and also as heir-male under E.'s contract, and a confirmation of the precept and infeftment in favour of I).; the trustees of E. concurred with the trustee of F. in selling the property; and more than forty years possession followed on the titles made up by C.; held, in a question with a purchaser, that the base right of B. was swept away, and that the title quoad ultra was good. Harvey, Jan. 29, 1822; 1 S. D. 277. 105. A vassal held his lands under a reservation of the coal in favour of his superior; on the attainder of his superior...

758 pages, Paperback

Published January 1, 2012