Principles of Equity, Book 200 |
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Page 17
Lord Henry Home Kames. adjudging creditor and the arrester are upon a level as to every equitable consideration ; and , upon that account , the assignee , who is the preferable creditor , ought to deal impartially between them : if he be ...
Lord Henry Home Kames. adjudging creditor and the arrester are upon a level as to every equitable consideration ; and , upon that account , the assignee , who is the preferable creditor , ought to deal impartially between them : if he be ...
Page 79
... creditor to act impartially , and in both cases equally utility re- quires impartiality . Another connection , of ... preferable creditor to draw his whole payment out of that sub- ject in which the other creditor is infeft , the latter ...
... creditor to act impartially , and in both cases equally utility re- quires impartiality . Another connection , of ... preferable creditor to draw his whole payment out of that sub- ject in which the other creditor is infeft , the latter ...
Page 80
... creditor is also infeft , is justly understood to be advanced by the latter , being a sum which he was entitled to , and must have drawn had not the preferable creditor intervened ; and this sum is held to be the purchase - money of the ...
... creditor is also infeft , is justly understood to be advanced by the latter , being a sum which he was entitled to , and must have drawn had not the preferable creditor intervened ; and this sum is held to be the purchase - money of the ...
Page 81
... preferable creditor infeft in both tene- ments , and two secondary creditors , one infeft in one of the tenements , and one in the other . The duty of the preferable or catholic creditor , with relation to these secondary creditors ...
... preferable creditor infeft in both tene- ments , and two secondary creditors , one infeft in one of the tenements , and one in the other . The duty of the preferable or catholic creditor , with relation to these secondary creditors ...
Page 82
... preferable creditor pur- chases one of the secondary debts : will this vary the rule of equity ? This purchase , in itself lawful , is not prohibited by any statute , and , therefore , must have its effect . The connection here between ...
... preferable creditor pur- chases one of the secondary debts : will this vary the rule of equity ? This purchase , in itself lawful , is not prohibited by any statute , and , therefore , must have its effect . The connection here between ...
Contents
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508 | |
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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.