Principles of Equity, Book 200 |
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Page xiv
... of the debtor , 501 5. Foreign evidence , 505 6. Effect of a statute , of a decree , of a judicial conveyance , or legal execution , extra territorium , 508 1 EXPLANATION of some SCOTCH LAW TERMS used in this Work xiv CONTENTS .
... of the debtor , 501 5. Foreign evidence , 505 6. Effect of a statute , of a decree , of a judicial conveyance , or legal execution , extra territorium , 508 1 EXPLANATION of some SCOTCH LAW TERMS used in this Work xiv CONTENTS .
Page xv
... Decree of forthcoming , defined , book 3 , chap . 4 . Fiar , he that has the fee or feu ; and the proprietor is termed fiar , in contradistinction to the liferent- er . Gratuitous , see Voluntary . Heritor , a proprietor of land ...
... Decree of forthcoming , defined , book 3 , chap . 4 . Fiar , he that has the fee or feu ; and the proprietor is termed fiar , in contradistinction to the liferent- er . Gratuitous , see Voluntary . Heritor , a proprietor of land ...
Page 13
... decree upon some rule that is equally applicable to all cases of the kind . If he be under no limitation , his decrees will appear arbitrary , though substantially just , and , which is worse , will often be arbitrary , and substan ...
... decree upon some rule that is equally applicable to all cases of the kind . If he be under no limitation , his decrees will appear arbitrary , though substantially just , and , which is worse , will often be arbitrary , and substan ...
Page 14
... decrees that are materially unjust ; for no rule can be equally just in its application to a whole class of cases that are far from being the same in every circumstance , but this inconvenience must be tolerated , to avoid a greater ...
... decrees that are materially unjust ; for no rule can be equally just in its application to a whole class of cases that are far from being the same in every circumstance , but this inconvenience must be tolerated , to avoid a greater ...
Page 16
... decrees It is commonly observed , that equitable rights are less steady and permanent than those of common law : the reason will appear from what follows . A right is permanent or fluctuating , according to the circum- stances upon ...
... decrees It is commonly observed , that equitable rights are less steady and permanent than those of common law : the reason will appear from what follows . A right is permanent or fluctuating , according to the circum- stances upon ...
Contents
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Common terms and phrases
accordingly action adjudication affords Andrew Drummond applied arrestment assignment bankrupt bankruptcy bargain benefit bona fide possessor bond bound burden cautioner cedent cessio bonorum circumstances claim clause common law connection contra contract Court of Chancery court of common court of equity Court of Session covenant creditor damage death debt debtor decree deed defect defendant disponed disposition ditor duty effect England entitled execution expence favour foreign fraud give granted granter hath heir infeftment intended interest interpose judges justice land legacy legislature liable Lord Stair loss marriage ment mentioned moveables named nature obligation Papinian payment penalty person poinding preferable creditor preferred principle proprietor purchaser quod reason relieve remedy rents reserved power respect Roman law rule Scotland SECT Stair statute supposing sustained tain term testator tion unjust utility vender void warrandice wrong
Popular passages
Page 3 - And Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves.
Page 517 - It is a title, that depends on the authority of the court, whence it issued, and therefore has no coercive authority extra territorium. And yet, as it would be hard to oblige the person, who claims on a decree, to bring a new action against his party in every country, to which...
Page 378 - Non solum res in stipulatum deduci possunt, sed etiam facta, ut si stipulemur aliquid fieri vel non fieri. Et in hujusmodi stipulationibus optimum erit poenam subjicere, ne quantitas stipulationis in incerto sit, ac necesse sit actori probare, quid ejus intersit.
Page 56 - Cheats, which are punishable by the common law, may in general be described to be deceitful practices, in defrauding or endeavouring to defraud another of his known right, by means of some artful device, contrary to the plain rules of common honesty...
Page 509 - English statute cannot be pleaded in Scotland in such a case, but, according to the law of that forum, it may be pleaded that the debt is presumed to have been paid. And it makes an issue, in which the plaintiff in the suit may show that such a presumption does not apply to his demand ; and that...
Page 256 - ... made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 517 - A foreign decree, which, by dismissing the claim, affords an exceptio ret judicatee against it, enjoys a more extensive privilege. We not only presume it to be just, but will not admit any evidence of its being unjust. The reasons follow. A decreet-arbitral is final by mutual consent. A judgment-condemnator ought not to be final against the defendant, because he gave no consent.
Page 5 - But law, in this simple form, cannot long continue stationary: for, in the social state, under regular discipline, law ripens gradually with the human faculties; and by ripeness of discernment, and delicacy of sentiment, many duties, formerly neglected, are found to be binding in conscience.
Page 369 - I. such a hard position that it is thought right he should have a utilis actio. 35. Si quis a non domino, quem dominum esse crederet, bona fide fundum emerit vel ex donatione aliave qua justa causa seque bona fide acceperit : naturali ratione placuit, fructus, quos percepit, ejus esse pro cultura et cura. Et ideo si postea dominus supervenerit et fundum vindicet, de fructibus ab eo consumptis agere non potest. Ei vero, qui sciens alienum fundum possederit, non idem concessum est. Itaque cum fundo...
Page 491 - The proper place for punishment is where the crime is committed, and no society takes concern in any crime but what is hurtful to itself;" and recognizing the duty to enforce foreign judgments or decrees for civil debts or damages, adds: "But this includes not a decree decerning for a penalty; because no court reckons itself bound to punish, or to concur in punishing, any delict committed extra territorium.