Cases Decided in the Court of Session, Teind Court, &C. and House of Lords Volume 1

Cases Decided in the Court of Session, Teind Court, &C. and House of Lords Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ... a great legislative change, -a great inroad on the domain of strict feudal principle, _a great concession by the Legislature to the principle of equity, applicable to contracts, and suited to the exigencies of advancing freedom and commerce; and, as was naturally to he expected, the course of recent legislation has been in the same direction._(Act 10 & ll Vict., cap. 48, sect. 6.) The last trace of the superior's right to refuse an entry to a purchaser, the last fetter on the vassal's right of disposal of the feu, was removed by this recent statute. The rule of law contended for by the pursuer, and said to be supported by the case of Wallace v. Ferguson is, that the vassal continues liable, personally, for the feu-duties, after alienation of the subjects, until the purchaser shall be entered by the superior. In Lord Kilkerran's report of the case of Wallace v. Ferguson, the words used are, "till the new purchaser shall be received by the superior," and the same word, "received," is used by most of those authorities who state the law in accordance with the decision in that case. It may be that such acts of recognition, and of acceptance of the purchasers, as are here instructed, shall be held as taking this case out of the rulc, since the expression used by Kilkerran is " received," not "entered," by the superior; and the superior may be said to "receive," by an act of distinct recognition, as when he takes payment of feu-duties from the purchaser, and acknowledges him as holding the feu. But this narrow ground does not commend itself to my mind as sufiicicnt in itself for disposal of the present question. The case must be decided on the application of a, more

Product details

  • Paperback | 948 pages
  • 189 x 246 x 47mm | 1,656g
  • United States
  • English
  • black & white illustrations
  • 1236738667
  • 9781236738660