A Treatise On The Deed Of Entail; Embracing, Commentaries On The Amendment Act Of 1848, And Prior…

Paperback | January 31, 2012

byAlexander Duff

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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. 1848. Excerpt: ... deemed by the death of the debtor, and that its effect, as against the lands, shall then absolutely expire. The latter form is obviously the preferable, as warranting infeftment in, and consequently possession of the lands themselves during the debtor's lifetime; and, in competition, it will exclude a mere infeftment in the life-interest (b). (2.) Every form of diligence and process, even judicial sale, is competent, which goes merely to affect and attach the life-interest of the member in possession, and that, if duly qualified, a decree of adjudication or of sale will not operate as a contravention of the entail (e). (3.) It seems to have been assumed that liferent securities and conveyances fall on the forfeiture through an act of contravention of the right of the party granting them; for such burdens and conveyances although said to be granted to exist during the lifetime of the heir in possession, are truly made and imposed for no longer a period than the existence of the heir's interest in the lands, an interest which may expire by forfeiture as well as by death. But by the late statute, it is provided that no irritancy shall affect any conveyances, deeds, or securities granted to purchasers or bona fide onerous creditors, prior to the execution of a summons of declarator (d). (a) And also with and under the prohibition and condition that it shall not be lawful to the said (institute) or the heirs of tailzie foresaid or any of them to consent suffer or permit that any special adjudication be obtained or passed of any part of the foresaid lands and others before disponed for any sum of money or debts whatsoever. (6) See Graham, 14th Nov. 1828, F. C, 7 S. 13; and 19th July 1833, W. S. (Ap.) 518. (c) Ferrier, 11th July 1835, 13 S. 1121; Scottish Union ...

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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. 1848. Excerpt: ... deemed by the death of the debtor, and that its effect, as against the lands, shall then absolutely expire. The latter form is...

Format:PaperbackDimensions:86 pages, 9.69 × 7.44 × 0.18 inPublished:January 31, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217438105

ISBN - 13:9780217438100

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