Decisions of the Court of Session; From November 1825 to [20th July 1841] Volume 10

Decisions of the Court of Session; From November 1825 to [20th July 1841] Volume 10

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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. 1829 edition. Excerpt: ...regarding the L.9000 of the L.10,000 bond, to invest the same in land to be secured upon the heirs called in the entails 1730, All these several processes were conjoined; and the Court, on 5th March 1782, pronounced an interlocutor, preferring Mr Ramsay Maule, the present defender, to the estates of Kelly, &c.; but finding that Lientenant Thomas Maule (the pursuer's father) had right to take up the leases of Panmure and Brechin. Against this judgment, Lord Dalhousie presented an appeal. But the parties afterwards entered into an agreement or compromise; and to give effect to the conditions of that compromise, they executed a submission to their counsel, who pronounced an award ia terms of the previous agreement of parties, altering 4 2the interlocutor in so far as regarded the leases; find-MauU -. ing that the defender had right to these leases, but Maule that the pursuer's father was entitled to the sum of Tack. L.3500, of which L.500 was to be paid on recording pargip!ian. the decreet-arbitral, the remaining L.3000 to be lent Minority. out at interest for behoof of the pursuer and his heirs, with power to him to uplift L.500 at Whitsunday 1789--the balance to be paid in different sums at different periods. 1 In terms of this decreet-arbitral, L.500 was immediately paid to the pursuer's father. The additional L.500 was afterwards paid to him; and he drew the iuterest of the remaining L.2500 till his death, which took place in November 1789. In 1809, the pursuer, being then of age, raised a process of reduction of the submission and decreet arbitral, on the ground that the deeds purporting to be a submission or decreet-arbitral were not truly of that nature, but were in fact only a form of concluding an agreement or transaction, and more

Product details

  • Paperback | 400 pages
  • 189 x 246 x 21mm | 712g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236641256
  • 9781236641250