Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict with Each Other, and with the Law of England, Volume 2Saunders and Benning, 1838 - Comparative law |
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Page 238
... tailzie , is where the line of suc- cession is cut or altered , and others than the lineal heirs are called to the succession , or burthens and restrictions are imposed on them in the exercise of their rights . The limitations and ...
... tailzie , is where the line of suc- cession is cut or altered , and others than the lineal heirs are called to the succession , or burthens and restrictions are imposed on them in the exercise of their rights . The limitations and ...
Page 244
... tailzie , or dispone or wadset the said estate , or any part therefore , or to do any deed whereby the same may be evicted or comprised from them . ” This prohibition was guarded by a resolutive clause , de- claring that if any of the ...
... tailzie , or dispone or wadset the said estate , or any part therefore , or to do any deed whereby the same may be evicted or comprised from them . ” This prohibition was guarded by a resolutive clause , de- claring that if any of the ...
Page 246
... tailzie , or sub- stitutes . From the terms in which they have been conceived , and with reference to their different degrees of force , entails have been divided into three heads : first , entails containing a simple destination ...
... tailzie , or sub- stitutes . From the terms in which they have been conceived , and with reference to their different degrees of force , entails have been divided into three heads : first , entails containing a simple destination ...
Page 247
... tail shall do no act or deed by which the course of suc- cession may be altered or innovated , or the lands af ... Tailzie , No. 7. Erskine , b . 3 , tit . 8 , § 23 . ( b ) Young v . Bothwels , Dec. 7 , 1705 , Dict . 15,482 . Noble ...
... tail shall do no act or deed by which the course of suc- cession may be altered or innovated , or the lands af ... Tailzie , No. 7. Erskine , b . 3 , tit . 8 , § 23 . ( b ) Young v . Bothwels , Dec. 7 , 1705 , Dict . 15,482 . Noble ...
Page 248
... tailzie in precisely the same terms . ( a ) But the contrary doctrine has been established by the judgments of the House of Lords , reversing the de- cisions of the Court of Session in the cases of Stewart v . Fullarton , and Bruce v ...
... tailzie in precisely the same terms . ( a ) But the contrary doctrine has been established by the judgments of the House of Lords , reversing the de- cisions of the Court of Session in the cases of Stewart v . Fullarton , and Bruce v ...
Contents
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840 | |
Other editions - View all
Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict ... William Burge No preview available - 2015 |
Commentaries on Colonial and Foreign Laws: Generally, and in Their Conflict ... William Burge No preview available - 2015 |
Common terms and phrases
acknowledged adiate adjudication alienation Bell's civil law clause Code Civil Coll common law condition contract conveyance court court of equity Court of Session coutume creditors death debtor debts Decis declared decree deed Dict disposition dominium donation effect entail entitled equity Ersk estate tail eviction execution executors favour fee simple feoffment fidei-commissary fidei-commissum fiduciary freehold granted grantor heir heritable immoveable property infeftment inheritance inter vivos interest Kent's lands law of England law of France law of Scotland lease limited Litt Lord majorat mayorazgo moveable notary obligation party payment Perez person possession Pothier prohibition propre purchaser quĉ quod real property registered remainder rents seised seisin sold statute substitution succession Sugd tailzie tenant in tail thereof trust unless Vend vendor Voet witnesses
Popular passages
Page 410 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 514 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 455 - In this conflict of interests the law wisely interposes. It acts, not on the possibility that in some cases the sense of that duty may prevail over the motives of selfinterest, but it provides against the probability that in many cases, and the danger in all cases, that the dictates of self-interest will exercise a predominant influence, and supersede that of duty.
Page 409 - No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise...
Page 354 - ... during the minority or respective minorities only of any person or persons who under the uses or trusts of the...
Page 363 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 410 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.
Page 414 - ... 2. If such accumulation be directed to commence at any time subsequent to the creation of the estate out of which the rents and profits are to arise, it...
Page 413 - The absolute ownership of personal property shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance and until the termination of not more than two lives in being...
Page 72 - ... the person last entitled to the land shall, for the purposes of this Act, bo considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser, unless it shall be proved that he inherited the same...