Cases Decided in the House of Lords, on Appeal from the Courts of Scotland; 3 & 4 Victoriae, Session of Parliament 1840 Volume 1

Cases Decided in the House of Lords, on Appeal from the Courts of Scotland; 3 & 4 Victoriae, Session of Parliament 1840 Volume 1

List price: US$28.84

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 edition. Excerpt: ...to build a house, to lay a pavement, to inclose an area, and so forth, within - limited time, --and if he fails to do so within the time specified, the irritancy cannot be declared until the ordinary induciae of a summons have run, and until COUttS. 3d Aug. 1840. Opinion of Court. Tailors or defences have been stated, and decree of declarator Abkrdeex obtained and extracted. But if he has granted a personal bond to do these things, he may be charged on letters of horning at six days date, and could not obtain suspension without finding caution perhaps to a great amount. Keeping this in view, and also that such clauses are extremely rare, and, as far as it appears, have neither authority nor decision in their support, we doubt whether they might not be considered in the same light as the clause in Campbell of Blythwood's charters1 was by the minority of the Court; an opinion which received countenance in the House of Lords, both when the remit was made, and when the judgment in this case was moved. If it be a legal and warrantable condition in any case, it seems to be so in regard to feuduties or ground-rents, the precise amount of which is liquidated in the charter or disposition, and for withholding payment of which there can scarcely even be an excuse. I. The second question is, " If any one of the obli"gations is such as to be a real burden, without being "so declared, is the irritancy necessary to make it "binding upon singular successors?" This question appears to involve its own answer. If an obligation in a feu or burgage right is real, it binds singular successors; if it does not bind them it is not real, but personal. An irritancy is often a convenient mode of enforcing a real burden, but not necessary to...show more

Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236509803
  • 9781236509802