Decisions of the Court of Session Volume 14; From November 1825 to [20th July 1841]
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Decisions of the Court of Session Volume 14; From November 1825 to [20th July 1841]

Decisions of the Court of Session Volume 14; From November 1825 to [20th July 1841]


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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. 1833 Excerpt: ...whose legitimacy had never been questioned, and who ought to have been cited. To this it was answered--That at the date of the execution of the summons, George Ross was, praesumptione juris, the heir of the common debtor Alexander Ross, which presumption was afterwards confirmed by the judgment of the Commissaries and of this Court; and that, in that situation, it was enough to cite him as the apparent heir, and the proceedings could not be affected by its being afterwards declared that that status did not belong to him: That the daughters of Alexander Ross were in no view the proper party to cite, as they were not called to the succession of the estate by the entail executed by Alexander Ross; and it was clearly the heirs called by the destination therein contained, and who were the parties interested in the proceedings, and not the heirs of line of Alexander Ross, who required to be called: That this part of the objectors' argument was inconsistent with their original plea, that the objector Mrs Rose, as the heiress of entail, was the party against whom the action ought to have been transferred, and that the summons was in that view defectively executed, as it had been executed edictally, both against Mrs Munro and her husband, although the latter was at the time in Edinburgh; the provisions of the Acts of Sederunt, 13 Nov. 1793, and 23 Sept. 1811, not extending to such a case, but to which a sufficient answer had been made in this, that she was a party previously cited to, and appearing in the action; and that where a party so in the process becomes afterwards apparent heir to the debtor, it is not necessary again to cite or transfer the action against that party, the provisions of the Act of Sederunt only contemplating the case oi 9 Mar. 1833. Fen ier v...


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Product Details
  • ISBN-13: 9781154222333
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 322
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1154222330
  • Publisher Date: 17 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 576 gr


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Decisions of the Court of Session Volume 14; From November 1825 to [20th July 1841]
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