Treatise on Deeds Chiefly Affecting Moveables
Format: Paperback
ISBN13: 9780217411523
Paperback|9780217411523
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: OMgat'io'n. ) EXCEPTIONS FROM THE STATUTE. their satisfaction at any period he or they may desire it, and that under the penalty of my or my foresaids being obliged to repay the said principal sum within three months after demand, together with such rent or interest thereof as may then be due upon it, on my or my foresaid's refusal to grant the heritable security aforesaid, when so required. (0) Ersk. 2. 2. 11; Laird of Lundie, M. 9428. (A) Craik, 26th June 1739, M. 16,342, 5 B. S. 667; Buff, 11th Jan. 1745, M. 5429, 5 B. S. 741. TITLE II. PERSONAL BOND. 8. Clauses Of The Bond?The personal bond consists of the following clauses, viz. 1. The inductive clause.?2. Clause of obligation.?3. Clause of registration. ? 4. Testing clause. 9. Inductive Clause (a)?The form of the personal bond has been greatly simplified since the time of Dallas of St Martin's, who made the first collection of our styles of deeds; and even in his day, many of those clauses had been dropped out, which, according to Sir T. Hope, were borrowed from the annualrent right. This arose perhaps from the rejection by our law of the fictions, which a large portion of the clauses of the ancient obligation had been intended by its framers, the clerical notaries, to exclude. In this clause practice still retains the terms, renouncing all exceptions to the contrary, with reference to the receipt of the money, which are a condensed form of a more ample renunciation of exceptions. Mr Dallas's form bears a renunciation of the exception of not numerate money, and all other exceptions and objections of the law whatsoever; but the renunciation was originally of much greater length, and introduced by those notaries to exclude the pleas that were competent by the civil law (b). That of not numerate m...
| ISBN-13 | 9780217411523 |
|---|---|
| ISBN-10 | 0217411525 |
| Weight | 1.18 Pounds |
| Dimensions | 9.00 x 6.00 x 0.81 In |
| List Price | $22.63 |
| Format | Paperback |
|---|---|
| Pages | 364 pages |
| Publisher | |
| Published On | 2009-08-01 |
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