Cases Decided in the House of Lords, on Appeal from the Courts of Scotland, 1825[-1834]. |
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16th July 1st July 27th August action Adam Adamson affirmed alleged appellant appointed assignation Ballumbie body bond Bryden circumstances claim clause contract Court of Session creditors debt deceased decerns declared decree arbitral decreet deed defender Dixon Duke Duke of Roxburghe Earl Earl of Roxburghe effect eldest daughter entitled executed expenses favour foresaid granted ground Hary Lord Ker heir of entail heirs of tailzie heirs-male hereby heritable House of Lords infeftment instrument interest interlocutor James James Adamson James Norcliffe John John Bryden Johnston judgment Lady lands learned Judges lease letter liable life-rent Lord Advocate Lord Ordinary Lordships March Martinmas ment opinion ordered and adjudged paid parties payment person petition possession present proceedings pronounced provisions pursuer question reduction remit res judicata respect respondent Roxburghe sasine Scotland sequestration settlement Stormonth summons thereof thirlage tion trustees whole William words
Popular passages
Page 248 - Provided always, That nothing in this Act shall extend or be .construed to extend to...
Page 113 - The House of Lords ordered and adjudged, That the said interlocutors complained of in the said appeal be and the same are hereby reversed : And it is further ordered, That the cause be remitted back to the Court of Session in Scotland...
Page 594 - 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 104 - it is declared and ordered by the Lords Spiritual and Temporal in Parliament assembled, that the...
Page 78 - Ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just and consistent with this judgment...
Page 395 - And we consent to the registration hereof in ' the books of Council and Session, or others competent, therein to ' remain for preservation ; and if needful, that letters of horning
Page 473 - the old cases upon the competency of witnesses have gone upon very subtle grounds. But of late years, the courts have endeavoured as far as possible, consistent with those .authorities, to let the objection go to the credit, rather than to the competency of a witness.
Page 57 - ... in that case, — it is very difficult to conjecture that that should be his meaning ; but, my Lords, if the deed clearly expresses it, you must give effect to it. You cannot fancy for him, you cannot insert destinations he has not inserted ; and when you recollect how he has passed over the youngest daughters of some, and the grand-daughters of others, it is impossible to deny that there is a great deal of argument upon matter of probability, to be submitted to your Lordships
Page 353 - Lords ordered and adjudged, That the said petition and appeal be and is hereby dismissed this House, and that the said interlocutors therein complained of be and the same are hereby affirmed : And it is further ordered, That the appellant do pay or cause to be paid to the said respondent the costs incurred in respect of the said appeal...
Page 364 - ... to alter and revoke these " presents, in whole or in part, as I shall think fit, at " any time in my life, or even on deathbed—dispensing " with the not delivery hereof, and declaring these " presents to be a good, valid, and effectual deed, " though found lying by me at the time of my death, " or in the custody of any person to whom I may " entrust the same undelivered...