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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. 1855 edition. Excerpt: ...which, if it should happen to turn out, that the Court of Session had not, and that your Lordships have not, upon the appeal respecting the estates, persons before you, who, being able to prove their propinquity, would have a right to contest, in these actions of reduction, with Mr. Bellenden Ker, in the result of the matter it might stand thus, that here might be a declaration upon record against Mr. Bellenden liu. Ker, at the suit of persons who, in such event, might turn out to have no right at all to call for any such reduction; and I mark the' circumstance, because, however we may deal with it, it is right that Innes, &c. at least it should appear our attention was called to it. "My Lords, There is another passage in the interlocutor of the 15th of January 1807, 'that the persons called to the succession 'under that branch of the destination, beginning with the eldest 'daughter of Hary Lord Ker, are heirs of tailzie under the said en'tail.' My Lords, If they were not heirs of tailzie under the entail, it has been intimated to your Lordships in argument, that they could have no title to reduce the deeds, which had been granted to Mr. Bellenden Ker and his trustees; that their brieves being sued out of Chancery for the purpose of having themselves declared to be heirs of tailzie under that entail, it was convenient, and it has been stated to be not only convenient, but, according to the usage of the Court of Session, to come to a decision upon such a point of law before they give the parties the trouble, or expose them to the necessity of proving their propinquity; because, if they called upon them first to undergo that necessity and that expence, and if, that after all they should be of opinion that neither of them were heirs of...


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Product Details
  • ISBN-13: 9781150478840
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 370
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1150478845
  • Publisher Date: 01 Jun 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 658 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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