Cases decided in the House of Lords, on appeal from the courts of Scotland: 3 ̊& 4 ̊Victoriae, session of Parliament 1840

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Página 353 - Unst, it ought and should be found and declared by decree foresaid that the pursuer...
Página 581 - State; 6. If a person remove to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7.
Página 640 - ... particular rule having been framed for the direct purpose of excluding, in the descent of land in England, the application of the rule of the civil and canon law, by which the subsequent marriage between the father and mother was held to make the son born before marriage legitimate; and that this rule of descent being a rule of positive law annexed to the land itself, cannot be allowed to be broken in upon or disturbed by the law of the country where the claimant was born, and which may be allowed...
Página 304 - it is declared and ordered by the Lords Spiritual and Temporal in Parliament assembled, that the...
Página 106 - And I consent to the registration hereof in the books of council and session, or any other judges books competent; therein to remain for preservation; and thereto I constitute my procurators, &c.
Página 640 - That we hold it to be a rule or maxim of the law of England, with respect to the descent of land in England from father to son, that the son must be born after actual marriage between his father and mother ; that this is a rule juris positivi, as are all the laws which regulate succession to real property, this particular rule having been framed for the direct...
Página 649 - Now, it could never be contended by any jurist that the law of England, in respect to the succession of land in England, would be bound to adopt a positive law of succession like that which holds in France : the distinction being so well known between laws that relate to personal status, and personal contracts, and those which relate to real and immoveable property ; for which it is unnecessary to make reference to any other authority than that of Dr.
Página 99 - The rule is this, — that, if a creditor, without the consent of the surety, gives time to the principal debtor, by so doing he discharges the surety ; that is, if time is given by virtue of positive contract between the creditor and the principal, — not where the creditor is merely inactive.
Página 647 - It therefore appears to be the just conclusion from these premises that the rule of descent to English land, is, that the heir must be born after actual marriage of his father and mother, in order to enable him to inherit; and that this is a rule of a positive inflexible nature, applying to and inherent in the land itself which is the subject of descent: of the same nature and character as that rule which prohibited the descent of land...
Página 101 - ... and of the several articles, matters, and things for which such sums of money shall have been...