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Reports of Cases Decided in the House of Lords, Upon Appeal from Scotland, from 1726 to [1822] Volume 5

Reports of Cases Decided in the House of Lords, Upon Appeal from Scotland, from 1726 to [1822] Volume 5


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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. 1853 edition. Excerpt: ...of the witnesses before being signed. The deeds themselves afforded evidence that the notaries' docquet did not mention that they were read over. And inregard to the actual reading of the deeds, the evidence was conflicting. But the points were, supposing them to have been read: Were they read in such a manner as to be understood by Mr. Lowthian? and, 2d, Whether they were read in presence of the testamentary witnesses? The evidence as to the first general settlement in favour of the appellant, was that the deed was read over very rapidly, --one of the witnesses stated, so rapidly, and in so low a tone of voice, as that Mr Lowthian could not comprehend it, although the other witnessess thought that the deceased understood it. Again, as to the subsequent general settlement, one of the notaries swore he did not recollec' in what manner it was read over, although it was read completely and distinctly, and Mr. Lowthian comprehended it. Two of the witnesses recollected nothing about it; but the other two say that it was read over in their presence distinctly. As to a later deed, --one of the notaries to the deed swore, that it was purposely read over in a way that Mr. Lowthian might not understand it. In particular, when he came to Mrs. Lowthian's name, and also as to some other legacies, it was read in a low tone of voice. One witness to the signing of the deed was dead. Another says the deed was read hastily, and in a way the deceased, he thinks, could not understand it, and the fourth corroborated him. But the argument which the appellant urged was, that the reading of the deed in the presence of the notaries and witnesses, was not a statutory solemnity, --that all the statutory solemnities were complied with, --that the statute 1681, c. 5, onl


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Product Details
  • ISBN-13: 9781150241840
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 314
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1150241845
  • Publisher Date: 01 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 562 gr


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Reports of Cases Decided in the House of Lords, Upon Appeal from Scotland, from 1726 to [1822] Volume 5
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