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BAILII's database of historic Scottish Law Reports currently is chiefly made up of Morison's Dictionary of Decisions (Court of Session) 1540-1808. In addition to these reports the database also incudes the following NOTE: Additional Information and Corrections to these reports as found on BAILII were made by the subsequent publication of Tait's Index To The Decisions Of The Court Of Session - references to Morison numbers found in Tait's (such as: Mor 10043) can be used in a Case Law Search
Decisions of the Court of Session:
Morison's Dictionary of Decisions (Court of Session) 1540-1808
Brown's Supplement (A Supplement to the Dictionary of Decisions of the Court of Session)1622 to 1780
Elchies' Decisions and notes 1733-54 (which augments and sometimes duplicates) Morison's Dictionary
Hailes' Decisions of the Lords of Council and Session 1766 to 1791
Shaw's Court of Session Cases (S) Vol 13 ; 1833-1835 & Vol 16 : 1837 - 1838
Scottish Law Reporters' Decisions of the Court of Session 1865 to 1924
Decisions of the House of Lords (Scotland):
Robertson's Reports (Robertson) 1709 - 1727
Paton's Scotch Appeals, House of Lords (Paton) Vols 1 - 6 : 1726 - 1821
Dow's House of Lords Cases (Dow) Vols 1 - 6 : 1812 - 1818
Bligh's House of Lords Reports (Bligh) Vols 1 - 4 : 1819 - 1821
Shaw's Scotch Appeal Cases (Shaw) Vols 1-2 : 1821 - 1824
Wilson & Shaw's Appeal Cases, House of Lords (WS) Vols 1 - 7 : 1825 - 1835
Shaw & Maclean's Scotch Appeal Cases (SM )Vols 1 -3 : 1835 - 1838
Maclean & Robinson's Appeal Cases (MacRob) Vol 1 : 1839
Robinson's Scotch Appeal Cases (Rob) Vols 1-2 : 1840 - 1841
Bell's House of Lords Appeal Cases (Bell) Vols 1 - 7 : 1842 - 1850
Macqueen's Scotch Appeal Cases (Macqueen) Vols 1 - 4 : 1851 - 1865
Paterson's Scotch Appeals (Paterson) Vols 1 - 2 : 1851 - 1873
Scottish Law Reporters' Scotch Appeals 1866 to 1924
Jury Court Reports:
Murray's Jury Court Cases (Murray) Vols 1- 5 : 1815 - 1830
"Trial of civil causes' by jury was re-introduced, after long agitation and against considerable opposition, in 1815. At that period there were large arrears in appeals from the Court of Session to the House of Lords. Many issues which are now finally decided by jury were then taken on appeal to the highest court in the realm, and some of these cases, being purely questions of fact, were a cause of great difficulty in the House of Lords. As a result, Lord Eldon, in 1815, introduced a bill, which became a law, establishing a jury court separate from the other courts for the sole purpose of trying questions of fact remitted to it from the other courts. This jury system was of the English type. In 1830 the separate jury court was abolished and jury trial was incorporated with the ordinary jurisdiction of the Court of Session."
Rufus Fleming 'The Scottish Jury', Michigan Law Review, Vol. 5, No. 7 (May, 1907), pp. 520-544, URL: http://www.jstor.org/stable/1273463 (accessed 26 October 2015)
The electronic versions of the text from each of these law report series was provided by The Scottish Council of Law Reporting
Morison collected most of the Scottish Court of Session law reports from 1540-1808 and organised them by subject matter - find BAILII's subject index to these reports below. The Notes section from Tait's Index To The Decisions Of The Court Of Session informs us that these reports were gathered from all sorts of early sources. These Notes also provide further information about Morison's Dictionary, and other original collections of reports. Although Morison assigned two levels of subjects to each report there was never a compiled subject index to the the whole work. BAILII is proud of being able to generate a Subject Index to these Decisions of the Court of Session 1540 - 1808 which is currently a work in progress given the difficulties caused by the variation in the original subject headings the several law report series included (each having differing subject headings) and the scanning process itself (although this seems to have been done to a very high standard) There is also a Subject Index Decisions of the House of Lords (Scotland) 1709 - 1861. A broader search for all of these reports using BAILII Case Law Search (restricting the search to Scottish Court of Session) may turn up more reports dealing with any given topic.
Please note the following conventions are used:
Many of these reports used the long s ' ſ ' this was derived from the old Roman cursive medial s so we often see an f in place of an s for example:
Neceffary = necessary
fame cafe = same case
For definitions of words found in these reports and in the subject index a useful source is the Dictionary of the Scots Language (DSL) which may be found at Dictionary of the Scots Language. Inevitably the language used by lawyers differs from that in everyday speech and the two dictionaries found on the DSL site (pre-1770 = DOST and post-1700 = SND) should be used with caution when dealing with specifically legal terminology. Two glossaries of Scots legal terms may be found on the websites of the National Records of Scotland at Index of Legal Terms and the Judiciary of Scotland Glossary
Regarding report title information:a dash: - in the title means a party not known
00 - day unknown
00 January - day and month are unknown
00 January 1600 no date information known
Mac or Mc are replace with M' so M'Kewar (to search on such a name just use M'Kewar or use BAILII's alphabetical listing found here: Scottish Court of Session Decisions
Subject Index to the Historic Decisions of the Court of Session
ADJUDICATION and APPRISING
ADJUDICATION contra hæreditatem jacentem
ADJUDICATION in IMPLEMENT
ADJUDICATION in SECURITY
ADJUDICATION Upon The ACT 1672
ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem unless instantly verified
ALLOWANCE of APPRISING and ABBREVIATE of ADJUDICATION
APPRISERS and ADJUDGERS may be restricted in their Possession to their neat Annualrents
APPRISING
EXTINCTION of APPRISINGS and ADJUDICATIONS
FORMALITIES of the DILIGENCE
GENERAL CLAUSE in APPRISING and ADJUDICATION
LEGAL of APPRISINGS and ADJUDICATIONS
NATURE and EFFECT of this DILIGENCE
Of the DEBT which is the FOUNDATION of the DILIGENCE
RANKING of ADJUDGERS and APPRISERS
REDEMPTION of APPRISINGS and ADJUDICATIONS
ADULTERY
*** Compare the following case from Balfour with the above
*** Compare the following with Nos 9 and 11
ALIMENT
ALIMENT by PACTION
ALIMENT due ex debito naturali
Of the act 1491 cap 25 anent alimenting of Heirs
ANNUALRENT INFEFTMENT OF
An Annualrenter cannot remove Tenants
In what manner an Annualrent-Right may be Extinguished
Whether an Annualrent-Right be a foundation for Mails and Duties?
ANNUALRENT
ANNUALRENT allowed ob favorem
ANNUALRENT due by Executors
ANNUALRENT due by FACTORS and their CAUTIONERS
ANNUALRENT due by those who are lucrati as having had the use of money belonging to others
ANNUALRENT due by those who uplift Sums bearing Annualrent
ANNUALRENT due by TRUSTEES
ANNUALRENT due by TUTORS and CURATORS
ANNUALRENT due ex mora
ANNUALRENT due ex pacto
ANNUALRENT due to CAUTIONERS FACTORS MANDATARS TUTORS
Due ex Lege
What puts a stop to the course of ANNUALRENT
Whether ANNUALRENT be due by CONSIGNATARS?
Whether ANNUALRENT due to Creditors upon a Bankrupt Estate after a Sale?
Whether due in condictione indebiti
ARBITRATION
Arbiters may be compelled to determine
Formalities of the Deed of Submission and Decree-Arbitral
Oversman
Power of Arbiters
Reduction of Decree-Arbitral
Summoning of Witnesses
Time of Endurance
ARRESTMENT
Arrestment affects only bygones and the term current
Breach of Arrestment
Decree of furthcoming after the common debtor's death
Expences of Arrestment
Formalities of Arrestment
In whose hands Arrestments may be used
Loosing Arrestment
Nature and Effect of Arrestment
Ranking of Arrestments
Upon what Debts Arrestment may be Founded
Warrant of Arrestment
What Subjects Arrestable
Whether Arrestment reaches Acquirenda
ASSIGNATION
Formalities of an Instrument of Intimation
Intimation by what equivalents suppliable
Intimation
Nature and Effect of an Assignation
What rights are established by Assignation without the necessity of intimation
Whether Assignation not intimated denudes
BANKRUPT
DIVISION I Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence
DIVISION II Alienation after Diligence
DIVISION III Decisions upon the act 5th Parliament 1696 declaring Notour Bankrupts
DIVISION IV Disposition by a Bankrupt in favour of his whole Creditors
DIVISION V Decisions upon the clause of the Act of 1696 declaring Heritable Bonds to be held as granted of the dates of the Sasines taken upon them
DIVISION VI Cases which peculiarly regard the particular terms of the late Bankrupt Statutes from 1772 downwards
BASE INFEFTMENT
SECT I Whether Possession be requisite to give effect to Base Infeftment
SECT II Base Infeftments are preferred to one another and to Public Ones according to date if steps have been taken sine mora to attain Possession
SECT III Publication by Process of Mails and Duties and Poinding of the Ground
SECT IV Publication by Confirmation
SECT IX Possession of the Principal Lands held to be Possession of the Warrandice Lands
SECT V Publication by Payment of Annualrent
SECT VI A Wife's right of Liferent held Base of her Husband is supported by the Possession of the Husband
SECT VII Whether a Father's possession validates a base right in favour of his Son
SECT VIII Whether the Reverser's possession validates Redeemable Rights held Base
SECT X Whether Infeftments of Relief are valid without Possession
SECT XI Whether Possession of a Part validates as to the Whole
BASTARD
SECT II Strangers may succeed to a Bastard as Heirs of Provision
SECT III A Bastard's Relict has right to a share of his effects
SECT IV Consequences of the Failure of a Bastard's Issue
SECT IX Legitimation of a Bastard
SECT V In what Situations a Bastard enjoys the Power of Testing
SECT VI In what Cases a Bastard's Effects fall to the Lord of Regality
SECT VII How far a Donatary of Bastardy is liable for the debts of the Bastard How a Debt against the Estate of a Bastard may be Constituted Do Tacks pass to the Donatary?
SECT VIII Who entitled to the Custody of a Bastard Child
SECT X Aliment of a Bastard
SECTION I A Bastard's Children succeed to him
BATTERY
*** In the Eighth Parliament of King James VI chap 138 anno 1584 His majesty with advise and consent of his Hienes three Estaits of this present Parliament hes ratified and appreived and be the tenour hereof ratifies and appreivis the act and statute under-written: and decernis and declairis the same to have strength force and effect of ane act of Parliament of the quhilk the tenour followis - At Edinburgh the penult day of Maij the zeir of God ane thousand five hundreth four scoir three zeires The quhilk day in presence of the Kingis Majestie sittand in judgement and Lordes of his Hienes Councel and Session compeired Maister David Makgil of Nisbet Advocate to his Majestie and in the name of his Hienes maist faithful humble and obedient subjectes exponed and declared how in the Parliament halden at Edinburgh the xx day of Junij the zeir of God 1555 zeires be his Majesties umqhile dearest Gue-dame Marie Queene Dowrier and Regent of this realme for the time: ane ordinance and act of Parliament was maid anent the slauchter of parties in persute and desense of their actiones; quhilk act althoucht in the selfe maist profitable and necessarie to have bene ane perpetual law in all times thereafter for repressing of proud and undauntoned braggares boasters and oppressours of their parties: Zit was the same only temporal for the space of three zieres after the making thereof; quhilk act the said Advocate in name and for the causes foirsaidis desired to be renewed and established in ane perpetual law in all times cumming with the augmentations following Upon the quhilk desire our Soveraine Lord willing to follow the gude example and intention of his predecessores for the reverence and increase of justice and assurance of the parties in persute and defence of their actiones and executiones of the same hes with advise of the saidis Lordis of his Councel and Session ordained decerned and declared that fra this day foorth in all times cumming gif it fall happen either the defender or persewer to slay or wound to the effusion of blude or utherways to invade any of them ane uther in ony sort quhair upon they may be criminally accused after the raising of summonds or precepts and lawful execution theirof or in ony time befoir the complete execution of the decreet to be given thereupon: The committer of the slauchter blude or invasion in maner foresaid or being airt pairt red or councel thereof; gif it be the defender sall be condemned at the instance of the persewer; or in case of his decease of the nearest of the kin of him quha is slaine wounded to the effusion of his blude or invaded havand richt thereto without ony probation of the libel persewed except summar cognition to be tane of the slauchter blude-sched or invasion before the Justice or uther criminal Judge competent thereto be conviction or beand fugitive and put to the horne And gif the decreete be given the same to be unreduceable for ever And gif the persewer slay wound to the effusion of blude or invade the defender as it is above written or be airt pairt red or councel thereof cognition being tane as said is; in that case the defender or in case of his decease the nearest of his kin able to succeede in that richt sall heve absolvitour fra the libel of the persewer simpliciter against the quhilk the persewer nor na uther be his richt sall ever be heard be way of reduction or restitution in integrum in ony time thereafter quhat age condition or qualitie that ever the slayer drawer of the blude or invader foresaid be of: The proces of transferring in the causes above-written respective to be upon ane fifteene dayes warning but diet table or continuation of utheris summondes And gif the slayer schedder of blude or invader as said is hes landes or liferentes and beis denunced rebel and put to the horne for non-finding of sovertie or non-comperance to underly the law for the said slauchter blude-sched or invasion; in that case the slayer schedder of blude or invader incontinent after the denunciation sall tyne the lyferent of his landes benefice office and utheris rentes and commodities quhatsumever for his lyfetime without ony farder delay of zeir and day as in uther causes of tinsel of lyferentes through being zeir and day at the horne Attour our Soveraine Lord be the faith and duetie of ane Christiane Prince promisis to give na respett nor remission to the offendares in fik causes And gif his Majestie or his successours dois in the contrare (as is not beleeved) the using of the said respett or remission be ony of the parties persewer or defender sall be the like cause and of the samin effect as their conviction for the cause abone specified And this act and ordinance to indure for the space of seven zeirs immediatlie heirafter; and to be confirmed in his Hienes nixt Parliament to have the strength and effect of ane act theirof and to be observed as an perpetual law in time cumming Acts of Parliament v 1 p 485 *** In the Fourteenth Parliament of King James VI chap 219 anno 1594 His majesty having consideration of the manifold oppressiones done within this realme and for the maist parte occurring betuixt parties contending in justice be proud and undantoned braggers boasters and oppressoures: And understanding that there was ane acte of Parliament maid of lang time by past; first in the dayes of unquhill Marie Queene Dowager his Hienesse Gud-dame of worthy memory quhilk was only temporall for the space of three zeires nixt following and approven be his Hienesse in his Parliament halden at Edinburgh in the moneth of Maij ane thousand five hundreth four score four zeires; quairby it was found and declared that if ony person ather persewer or defender suld happen to slay or wound to the effusion of blood or otherwise to invade ane of them ane uther in ony sorte quhairupon they micht be oriminally accused after the raising of the summondes and precepts and lauchfull execution thereof or in ony time before the compleit execution to be recovered thereupon: The committer of the slaughter bloud or invasion in maner foresaid or being airt pairt red or councell thereof; gif it be the defender he sall be condemned at the instance of the persewer gif he be on life; or in case of his decase the nearest of his kinne quha is slaine without ony probation of the libel except summar cognition to be tane of the slaughter blood shed or invasion before the Justice or ony uther judge competent thereto: And gif the persewer slayis woundis or invadis the defender as said is or be art pairt red or councell thereof cognition being tane in case the defender be on live or in case of his decease the nearest of kinne sall have absolvitour fra the persewer's libell: And gif the slayer shedder of bloud or invader as said is hes landes or liferentes and beis denunced rebell and put to the horne for none-finding of soverty or none-compearance to underly the law for the said slauchter blood-shed or invasion; in that case the slayer shedder of blood or invader incontinent after the denunciation sal tine the benefite of his liferent of quhatsumever his landes offices or commodities as in the saids actes and statutes thereupon at mair length is conteined; quhilk last act was also temporall to indure for the space of seven zeires: And now it being knawen to his Hienesse and the said Estaites how necessar the samine is to be always observed and keeped in continual observance as ane universal law in all time cumming for repressing of the saids invasiones; therefore his Hienesse with advise of the estaites and haill body of this present Parliament ratifies apprievis and affirmis baith the saids first and second actes with the haill poyntes articles and conditiones conteined thereintill and ordainis the same to stand as ane perpetuall law in all time cumming Acts of Parliament v 1 p 703
BILL OF EXCHANGE
DIVISION I Of the Object Nature and Requisites of Bills
DIVISION II The Porteur's Action against the Person upon whom the Bill is Drawn
DIVISION III Acceptor's Recourse against the Drawer
DIVISION IV Possessor's recourse against the Drawer and Indorser
DIVISION V Bills by the lapse of time lose their Privileges
BLANK WRIT
SECT III Effect of a Blank Writ after the Death of the Proprietor
SECT I How far the granting of a Blank Writ Implies Renunciation of Exceptions
SECT II Effect of intimation of Blank Writs
SECT IV Decisions on the Act 25th Parliament 1696
BONA ET MALA FIDES
SECT I Bona Fides non Prodest Acquirere Volentibus
SECT II Private Knowledge of a Prior Right
SECT III Ignorantia Juris
SECT IV How far the Command of a Superior infers Bona Fides
SECT V Effect of a Purchaser acquiring a Right preferable to that of his Author; and of Onerous Deeds granted by a Bona Fide Possessor
SECT VI Effect of Bona et Mala Fides relative to Cedent and Assignee
BONA FIDE CONSUMPTION
SECT IV Effect of Sequestration as inducing Mala Fides
SECT I Bona Fide Possession of Teinds
SECT II What esteemed Fructus Percepti
SECT III Private Knowledge of a Preferable Right
SECT IX With what Modifications Bona Fide Consumption Saves from Repetition
SECT V Possession upon a right good ex facie although liable to objections
SECT V Possession upon a right good ex facie although liable to objections;
SECT VI Possession upon a Right null ex facie
SECT VII Whether a preferable infeftment without interpellation will induce mala fides
SECT VIII Mala Fides induced by Process whether it will take place from Citation Litis-contestation or Decree
BONA FIDE PAYMENT
SECT I Payment of Rent by Tenants
SECT II Payment to a Person who has lost his Right; to one who is not the true Creditor; to a Creditor denuded Bona Fide Payment must be actual and real Payment
BURGH ROYAL
SECT I Set of Burgh
SECT II Government of the Burgh
SECT III Burgh Election
SECT IV Who liable to Burgal Services and Prestations
SECT V The Privileges of Burghs and Burgesses - Monopolies
SECT VI Powers Duties and Jurisdiction of Magistrates
SECT VII Powers and Privileges of Corporations - Employment of the Funds
SECT VIII Privilege to Soldiers Exercising Trades within Burgh
CAUTIONER
SECT I When understood Cautioner when Expromissor
SECT II In what cases a Cautioner may remain Bound where the Principal gets Free
SECT III Nature of the Cautioner's Obligation
SECT IV Cautioner how far Liable
SECT IX Attester of a Cautioner in Suspension
SECT V Benefit of Dicussion
SECT VI Cautioners right to Assignation of the Debt
SECT VII Relief of Cautioners
SECT VIII Cautioner in a Suspension
CITATION
SECT IX Citation in Process at the Instance of a Legatee - At the instance of an Assignee - In Process of Locality - Of Pension - Of Declarator of Extinction or Payment
SECT I Who must be Cited in a Process on the Passive Titles
SECT II Who must be Cited in a process against Minors and who Certiorated in Extrajudicial Steps against them
SECT III Citation in actione directa Tutelæ
SECT IV Citation in Confirmations
SECT V Citation in Process against Executors; and for their Exoneration
SECT VI Citation in Process against the Cautioners of Executors
SECT VII Citation in Process against a Woman vestita viro
SECT VIII Citation in Process upon Delinquencies
SECT X Citation in Declaration of Bastardy
SECT XI Citation in Declarator of Property
SECT XII Citation in Declarator of Marches
SECT XIII Citation in Declarator of Servitude
SECT XIV Citation in Declarator of Redemption
SECT XIX Citation in Reductions of Judicial Deeds
SECT XV Citation in Declarator of Escheat
SECT XVI Citation in Declarator of Non-entry
SECT XVII Citation in Recognition - Regress upon Excambed Lands
SECT XVIII Citation in Simple Reductions of Voluntary Rights
SECT XX Citation in Reductions and Improbations
SECT XXI Citation in Processes of Mails and Duties and Removings
SECT XXII Citation in Processes of Abstracted Multures
SECT XXIII Citation in Process of Forthcoming - In Adjudication - In Reduction ex capite inhibitionis
SECT XXIV Citation in Poinding of the Ground
SECT XXIX Citation in Process of Proving the Tenor
SECT XXV Citation in Process of Ranking and Sale
SECT XXVI Citation in Process of Exhibition
SECT XXVII Citation in Incident Diligences
SECT XXVIII Citation in Process of Transumpt
SECT XXX Citation in Burgh Elections
CLAUSE
SECT IV Clauses in Contracts of Marriage
SECT I Communi Pastura - Species of Money - Moris Maresiis - Free Rent - Valid and Sufficient Infeftment - Debts real and true - Cum Piscationibus
SECT II Demonstrative or Taxative
SECT III Escheat of Delinquents Convict - Grant during Pleasure - Importing a Regality - Naming a Person to an Office - Betwixt and a Term
SECT IX Liberty of Disponing without Consent - Making Provisions a Burden on Lands - Obliging to lay out on Sufficient Security - General Abrogatory Clause in an Act of Parliament - Relieving from Public Burdens
SECT V Dubious Clauses - Revocation of a Tailzie - Liberty to contract Debt - Conjunctly and Severally - Just and Lawful Debts - Liferent and Fee - Back-Bond - Importing Property or only Servitude
SECT VI Right of Electing with Advice and Consent - Discharge of all Claims against a Predecessor's Estate - The term Heirs Female - Provision to Children in full of all Claims - The term Children in a Testament
SECT VII Heirs whatsoever - All Estate whatsoever Personal or Real - Lawful Heirs Male - Heirs and Bairns of a Marriage
SECT VIII Legacy to Poorest Friends and Relations - Declaring a Disponee Personally Liable for a Disponer's Debts - Conveying Moveable Goods and Gear
SECT X Clauses in Entails
SECT XI Importing an Obligation or only a Faculty - Pre-emption - Redemption
COMMUNITY
SECT I How far a Community is bound by the Deeds of its Magistrates or liable for their delicts
SECT II Whether Magistrates are liberated by expiry of their office
SECT III Powers of Magistrates in the Administration of the Common Good
SECT IV University how far Bound by the Deeds of the Masters
SECT V Complaints against Magistrates to whom Competent - In Diligence against a Community who must be Cited
SECT VI Powers of a Box-master - Liability of Interim Magitrates
COMPENSATION - RETENTION
SECT I Nature of Compensation
SECT II What understood to be a Liquid Claim
SECT III Quod statim liquidari potest pro jam liquido habetur
SECT IV Who entitled to Propone Compensation and Retention
SECT IX Effect relative to Donatars of Escheat
SECT V Compensation its Effect Relative to Onerous Assignees
SECT VI Retention its effect relative to Onerous Assignees
SECT VII Effect Relative to Executors and Executors-creditors
SECT VIII Effect Relative to Arresters
SECT X Whether Proponable against an Heir who has the Benefit of Discussion - Where the Debt upon which Compensation is Proponed is destined to Certain Purposes
SECT XI Compensation or Retention whether good against an Actio Mandati
SECT XII Whether good against an Actio Depositi
SECT XIII Real and Personal Rights Whether Mutually Compensable
SECT XIV Compensation or Retention not Proponable after Decree
SECT XV Concursus Debiti et Crediti
SECT XVI Effect relative to Prescribed Debts
SECT XVII Effect of Compensation of Retention of Re-compensation in instances not included in the Preceding Sections
COMPETENT
SECT I Decree cannot be done away except by Reduction
SECT II Is Reduction requisite of Decrees of Apprising?
SECT III Is Reduction requisite of Decrees-dative?
SECT IV Reduction of Services of Heirs
SECT IX Objections against the Executions of Messengers how Proponable
SECT V Whether Reduction be requisite of Decrees Arbitral; - Of Legal Instruments; - Of Inhibitions; - Of a Deed executed by a Woman vestita viro; - Of a Decree of Preference in a Multiplepoinding
SECT VI Objections to Hornings whether proponable by Exception
SECT VII Objections against a Standing Infeftmtent how Proponable
SECT VIII In Possessory Actions Replies against the Defender's Right are reserved till Reduction - Objections against Rights Granted by Ecclesiastics how Proponable
SECT X Improbation how Proponable
SECT XI Vis et Metus how Proponable
SECT XII Irritancy how Proponable
SECT XIII Want of Consent of Curators how Proponable
SECT XIV Minority and Lesion how Proponable
SECT XIX Turpis Causa; - Proof of the Tenor - how Proponabe
SECT XV Bankruptcy how Proponable
SECT XVI Death-bed how Proponable
SECT XVII Exhaustion of Executry; - Challenge on the Head of Inhibition - how Proponable
SECT XVIII Challenge on the Head of Interdiction how Proponable
SECT XX Exceptions Whether Proponable in Cursu Diligentia
SECT XXI In Competition Pleas are receiveable by Exception which otherwise would be Competent only by Reduction
COMPETITION
SECT I Arresters with Poinders
SECT II Arresters with Appriseres and Adjudgers
SECT III Arresters with Assignees
SECT IV Arresters with Annualrenters
SECT IX Assignees with Apprisers and Adjudgers
SECT V Arresters with Disponees
SECT VI Arresters with Executors-Creditors
SECT VII Assignees with Executors-Creditors
SECT VIII General Assignees with Creditors
SECT X Assignation to Mails and Duties with other Rights
SECT XI Apprisings and Adjudications with Voluntary Rights
SECT XII Infeftment upon Resignation with other Rights - Charters of Resignation and Confirmation - Liferents with other Rights
SECT XIII Betwixt Singular Successors where the Common Author is not Infeft
SECT XIV Betwixt Rights flowing from different Authors - Husband with Wife's Assignees - Between Real and Personal Creditors where the Debttor's Infeftment Reduced - Singular Successor of a Reverser with the Heir of a Nominal Fiar - Disponee in Security with a Personal Creditor
SECT XV Annualrenters; - Adjudgers; - Inhibiters; - Assignees
CONCURSUS ACTIONUM
SECT I Where different Actions arise upon the same fact tending to the same end the Pursuer cannot insist upon both
SECT II Where the Conclusions of two Actions are contradictory the Pursuer cannot Insist in both
SECT III Where the Conclusions of two Actions are only Different not Contradictory both may be Insisted in
SECT IV Contingent causes ought to proceed together - After a Fine for Contumacy the Judge cannot fine a Second time for the Delict
CONDITION
SECT I Si Sine Liberis
SECT II Condition of Marrying with Consent
SECT III Condition whether to be understood Copulative or Disjunctive
SECT IV Condition when understood purified - Condition of "being decerned " includes decerniture by Decree Arbitral
SECT V Effect of a resolutive condition - Conditional provisions to Daughters - Condition in a contract for Mariners' wages
CONFIRMATION
SECT I No real right is established by an infeftment a me until it be confirmed
SECT II Confirmation of Infeftments to be holden a me & de me
SECT III Confirmation of the Radical Right whether it Validates all the Branches
SECT IV Confirmation may be granted quandocunque - What rights require Confirmation
SECT V Competition among Rights Confirmed
CONQUEST
SECT I Clauses of Conquest how far extended
SECT II Provision of Conquest whether burdened with Debts contracted during the Marriage
SECT III Subjects purchased partly before and partly after the Marriage how far reputed Conquest
SECT IV Rights conquest but taken in favour of younger children - Lands conquest and again sold - Liferent of conquest over and above the liferent of a certain sum - Sums conquest but applied for purging incumbrances - Who heir of conquest?
CONSUETUDE
SECT I Habite and Repute a Notary Messenger
SECT II Judge acting in feriate time; or extra territorium
SECT III Legal Diligence Executed at a Wrong Place - Head Court Held at a Wrong Place
SECT IV Deeds executed in a Wrong Form - Sasine not Registered - Wrong Symbols of Sasines
SECT V Process carried on in a wrong form
SECT VI Informal execution - Term of entry - Sentence-money
CREDITORS OF A DEFUNCT
SECT I Decisions upon Act 24th Parliament 1661
SECT II Decisions upon the act of Sederunt 1662*
SECT III Situation of a Factor and of an Executor relative to the Creditors of a Defunct
DEATH
SECT I Morte Mandantis cessat Mandatum; unless the Mandate be in rem alienam
SECT II Procuratories and Precepts
SECT III Death pendente processu; - in cursu diligentiæ
SECT IV Where a Master or Tenant Die after Warning
SECT V Judicial Deeds after the Judges death or removal
SECT VI Order of Redemption
DEATH-BED
SECT X What circumstances infer Death-bed
SECT I Reduction capite lecti to whom Competent
SECT II Whether Competent to Heirs of Provision
SECT III Competent to the Remoter Heir after the immediate Apparent Heir's decease
SECT IV Competent to a Wife; - and to Children
SECT IX Reserved Faculties whether reducible upon Death-bed
SECT V Whether Competent to the Creditors of the Defunct
SECT VI Death-bed Deeds are Effectual and afford jus exigendi unless Challenged by the Heir
SECT VII Against what Deeds the Law of Death-bed Strikes
SECT VIII Whether a Death-bed Deed will infer recognition against the Heir - Blank filled up on Death-bed - Nomination of Tutors
SECT XI Reconvalescence by going to Kirk and Market
SECT XII Circumstances inferring Convalescence whether equivalent to going to Kirk and Market
SECT XIII Apparent Heir's Consent
SECT XIV Under Sentence of Death - Effect of Reduction capite lecti - Ratification upon Oath - Sale for a Reasonable Price - Equivalent benefit to the Heir
SECT XV How the Sixty Days are to be computed
DEBTOR AND CREDITOR
SECT II A preferable creditor can do no voluntary deed to prefer one secondary creditor to another; and if he take payment out of one subject he is bound to assign to postponed creditors
SECT I Relief among Co-debtors and whether the Creditor upon payment is bound to assign in order to operate relief
SECT III A Creditor receiving payment from a Cautioner must assign every separate security for the debt By passing from his separate security he liberates the Cautioner
SECT IV One entitled to relief getting an ease upon payment can claim no more than the transacted sum
SECT V Collateral Security - Novation - Partial Renunciation of a Security
DECISIONS of THE LORDS OF COUNCIL AND SESSION Reported By Alexander Tait Clerk ff Session One of The Reporters For The Faculty
MASTER AND TENANT
DECISIONS of the LORDS OF COUNCIL AND SESSION Collected By James Burnett Lord Monoboddo
COMPLAINT FROM STIRLINGSHIRE
DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND
Such of the following Decision as are of a Date prior to about the year 1620 must have been taken by Spotiswoode from some of the more early Reporters The Cases which immediately follow have no Date affixed to them by Spotiswoode
DECISIONS of the LORDS OF COUNCIL AND SESSION collected by JAMES BURNETT LORD MONBODDO
COMPLAINT FORM STIRLINGSHIRE
MONBODDO
DECISIONS of THE LORDS OF COUNCIL AND SESSION reported by ALEXANDER TAIT CLERK OF SESSION one of the reporters for the faculty
CAUTION JUDICIO SISTI
CAUTIONER
CESSIO BONORUM
CHURCH-YARD
CLERKS OF SESSION
COALLIERS
COMMUNION ELEMENTS
COMMUNITY
COMPENSATION AND RETENTION
DEATH-BED
DECLINATOR
DECREET-ARBITRAL
DECREETS
JURY
JUS RELICTÆ
LAWBURROWS
LEGACY
LEX MERCATORIA
LIBERTY OF THE SUBJECT
LIS PENDENS
LITERARY PROPERTY
LOCUS POENITENTIÆ
LYON-COURT
MANDATE
MANSE
REVOCATION ON DEATH-BED
TACKS
DECISIONS Of The LORDS OF COUNCIL AND SESSION Reported By JAMES FERGUSON LORD PITFOUR
ADJUDICATION
DECISIONS of the LORDS OF COUNCIL AND SESSION Reported By REPORTED BY LORD KILKERRAN ADVOCATE
KILKERRAN
DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR DAVID DALRYMPLE LORD HAILES
ABBEY OF HOLYROODHOUSE
ACCESSORIUM SEQUITUR PRINCIPALE - PRESCRIPTION
ACT OF GRACE
ADjUDICATIoN - GROUNDS AND WARRANTS - IRRITANCY
ADJUDICATION - MULTIPLEPOINDING
ADJUDICATION - PLURIS PETITIO
ADJUDICATION
ADJUDICATION-PENALTY
ADVOCATION
ALIMENT - HUSBAND AND WIFE
ALIMENT
ALIMENT-HUSBAND AND WIFE
ANNUALRENT
APPRENTICE
ARBITRATION - FOREIGN
ARBITRATION
ARRESTMENT - HEIR CUM BENEFICIO
ARRESTMENT
ARRESTMENT-FOREIGN-MULTIPLEPOINDING
ASSIGNATION
BANKRUPT
BANKRUPT - ARRESTMENT
BANKRUPT - Act 1696 c 5
BANKRUPT - FOREIGN - ARRESTMENT
BANKRUPT - FORUM COMPETENS
BANKRUPT - PERSONAL PROTECTION
BANKRUPT - STATUTE 12 GEO III C 72
BANKRUPT
BANKRUPT-RIGHT IN SECURITY
BASTARD
BATTERY
BENEFICIUM C0MPETENTIÆ - CESSIO BONORUM
BENEFICIUM CEDEND ARUM ACTIONUM
BILL OF EXCHANGE
BILL OF EXCHANGE - OATH OF PARTY
BILL OF EXCHANGE - PRESCRIPTION
BILL OF EXCHANGE
BILL OF EXCHANGE-PRESCRIPTION
BILL
BONA ET MALA FIDES
BONA FIDE CONSUMPTION
BOROUGH ROYAL
BURGH ROYAL - EXCLUSIVE PRIVILEGE
BURGH ROYAL
BURGH-ROYAL - EXCLUSIVE PRIVILEGE
BURGH-ROYAL - EXCLUSIVE PRIVILEGES
BURGH-ROYAL
CAUTIO JUDICIO SISTI ET JUDICATUM SOLVI
CAUTIONER - PERSONAL AND TRANSMISSIBLE
CAUTIONER
CESSIO BONORUM
CESSIO BONORUM
CHARTER PARTY - MUTUAL CONTRACT
CHARTER - PARTY
CLAUSE - GENERAL ASSIGNATION
CLAUSE - PROVISION TO HEIRS AND CHILDREN
CLAUSE - PUBLIC BURDEN
CLAUSE
CLAUSE-GENERAL ASSIGNATION
CLAUSE-HERITABLE AND MOVEABLE
CLAUSE-PROVISION TO HEIRS AND CHILDREN
CLERK OF SESSION
COALLIERS
COLLATION
COMMONTY
COMMUNITY - BURGH-ROYAL
COMMUNITY - PACTUM ILLICITUM
COMMUNITY - REGISTRATION
COMMUNITY
COMPENSATION AND RETENTION - SUPERIOR AND VASSAL
COMPENSATION - RETENTION
COMPENSATION-RETENTION
COMPETITION
COMPETITION-TERCE
CONDICTIO INDEBITI
CONDITION
CONQUEST
CONSOLIDATION - SUPERIOR AND VASSAL
CONSUETUDE
COURTESY
COURTESY-MEMBER OF PARLIAMENT
DAMAGE AND INTEREST
DEATHBED - PRESUMPTION
DEATHBED
DEBTOR AND CREDITOR
DECLINATOR
DECREET - ARBITRAL
DELINQUENCY - REPARATION
DELINQUENCY
DILIGENCE - PERICULUM
DILIGENCE - TUTOR AND CURATOR
EXECUTION -
EXECUTOR - LIS ALIBI PENDENS
EXECUTOR
EXERCITOR
EXERCITOR - AFFREIGHTMENT
EXHIBITION AD DELIBERANDUM
EXHIBITION -
EXPENSES
FAIR
FIAR
FIAR - PROVISION TO HEIRS
FIARS
FOREIGN - ARRESTMENT
FOREIGN
FOREIGN-ANNUALRENT
FORUM COMPETENS
FRAUD -
FRAUD
FREEHOLDER
FREEHOLDERS
GAME
GENERAL ASSIGNATION
GLEBE
GROUNDS AND WARRANTS
HEIR AND EXECUTOR
HEIR APPARENT
HEIRS-PORTIONERS
HERITABLE AND MOVEABLE
HERITABLE AND MOVEABLE-FACULTY
HIGHWAY - JURISDICTION
HOMOLOGATION
HOMOLOGATION-APPRENTICE
HOSPITAL
HUSBAND AND WIFE
HUSBAND AND WIFE-MINOR
HYPOTHEC
HYPOTHEC
HYPOTHEC-PRESCRIPTION
HYPOTHEC-TACK-SEQUESTRATION
IMPLIED ASSIGNATION
IMPLIED CONDITION
IMPLIED DISCHARGE AND RENUNCIATION
IMPLIED OBLIGATION
IMPRESS SERVICE
IMPROBATION
INDEFINITE PAYMENT
INFEFTMENT
INHIBITION
INHIBITION - APPEAL
INHIBITION
INHIBITION - ARBITRATION
INNOVATION
INSURANCE
INTRINSIC QUALITY - PACTUM ILLICITUM
IRRITANCY
JURISDICTION
JURISDICTION OF THE LYON COURT - FEES OF MATRICULATION
JURISDICTION - HIGHWAYS
JURISDICTION - PUBLIC POLICE
JURISDICTION - STATUTE
JURISDICTION - TRUST
JURISDICTION - TUTOR AND CURATOR
JURISDICTION
JURISDICTION - PRESCRIPTION
JURISDICTION-FACTOR
JURISDICTION-TUTOR
JUS RELICTÆ - HUSBAND AND WIFE
JUS TERTII
KING - HYPOTHEC
KING - PRESCRIPTION
KIRK SESSION
KIRK
KIRK-YARD
LAWBURROWS
LEGACY
LEGAL DILIGENCE
LEGITIM
LIFERENTER
LITERARY PROPERTY
LITIGIOUS p
LOCUS POENITENTIÆ - WRIT
LOCUS POENITENTIÆ
MANDATE
MANSE
MASTER AND SERVANT
MEDITATIO FUGÆ
MEMBER OF PARLIAMENT - SASINE - WADSET
MEMBER OF PARLIAMENT
MESSENGER
MINOR
MUTUAL CONTRACT
MUTUAL CONTRACT - HUSBAND AND WIFE
NAUTÆ CAUPONES ET STABULARII
NEGOTIORUM GESTOR
PACTUM ILLICITUM - SIMONIACAL PACTION
PACTUM ILLICITUM
PAPIST -
PARENT AND CHILD - IMPLIED POWER
PART AND PERTINENT
PASSIVE TITLE
PATRONAGE
PERICULUM
PERSONAL AND REAL
PERSONAL AND TRANSMISSIBLE - SUCCESSION
PERSONAL AND TRANSMISSIBLE
PLANTING AND INCLOSING - PROCESS
PLANTING AND INCLOSING
PLANTING
POINDING
POOR - JURISDICTION
POOR
PRESCRIPTION - MULTIPLEPOINDING
PRESCRIPTION - TAILYIE
PRESCRIPTION - TEINDS
PRESCRIPTION - UNION - SASINE
PRESCRIPTION
PRESCRIPTION
PRESCRIPTION-TAILYIE
PRESUMPTION - HUSBAND AND WIFE
PRESUMPTION - PROOF
PRESUMPTION - WRIT - REGISTRATION
PRESUMPTION
PRESUMPTION-NOVATIO DEBITI
PRISONER - ACT 1695 C 32
PRISONER
PRISONER-ACT OF SEDERUNT 1671
PRIVILEGE
PRIVILEGED DEBT
PROCESS - ADJUDICATION
PROCESS - ADVOCATION
PROCESS - FORTHCOMING
PROCESS
PROCESS-ADULTERY
PROMISSORY NOTE
PROMISSORY-NOTE
PROOF - EXECUTION
PROOF - HUSBAND AND WIFE
PROOF - TACK
PROOF
PROPERTY
PROVISION TO HEIRS AND CHILDREN - FACULTY
PROVISION TO HEIRS AND CHILDREN
PUBLIC OFFICER
PUBLIC OFFICER-REPARATION
PUBLIC POLICE
QUALIFIED OATH
RANKING AND SALE
RANKING AND SALE-WARRANDICE
REAL AND PERSONAL - TACK
RECOMPENSE - CAPTIVE
REGALIA - CHARTER
REGISTER - CONSUETUDE
REMOVING
REPARATION - DEFAMATION
REPARATION
RES JUDICATA
RIGHT IN SECURITY
RUNRIDGE
RUNRIG - Act 1695 cap 38
RUN-RIG
SALE - ARBITRATION
SALE - ARRESTMENT
SALE - IRRITANCY
SALE
SALE-WARRANDICE
SALMON FISHING
SALMON-FISHING
SASINE
SEQUESTRATION - TACK
SEQUESTRATION
SERVICE AND CONFIRMATION
SERVICE OF HEIRS
SERVITUDE
SERVITUDE
SLAVE
SOCIETY - COMPENSATION
SOCIETY
STATUTE
STIPEND
STYLE OLD and NEW
SUCCESSION
SUMMARY APPLICATION
SUPERIOR AND VASSAL - TAILYIE
SUPERIOR AND VASSAL
TACK -
TACK - FIAR ABSOLUTE AND LIMITED
TACK - PERSONAL AND TRANSMISSIBLE
TACK - SERVICES PERSONAL
TACK
TAILYIE - JUS QUÆSITUM TERTIO
TAILYIE
TAILYIE-IRRITANT CLAUSE
TEINDS - PROCESS
TEINDS
TENOR - PROVING OF THE TENOR
TENOR
TERCE
TESTAMENT
The privileges of the Corporation of Hammermen in Stirling found not to extend to the exclusion of a Watchmaker's working there although he refused to enter a member of the Corporation
THIRLAGE - PRESCRIPTION
THIRLAGE
TITLE TO PURSUE - SOCIETY
TITLE TO PURSUE - TAILYIE
TITLE TO PURSUE
TRIENNIAL PRESCRIPTION
TRUST - PROOF
TUTOR AND CURATOR - SOLIDUM ET PRO RATA
TUTOR AND CURATOR
TUTOR AND PUPIL
TUTOR - CURATOR - PUPIL
TUTOR CURATOR AND PUPIL
UNION
USURY
WADSET
WARRANDICE - SUPERIOR AND VASSAL
WARRANDICE - TACK
WARRANDICE
WARRANDICE:
WITNESS - OBJECTION OF RELATIONSHIP - AGENCY
WITNESS
WITNESS-TENOR
WRIT - ACT 1579 C 80 - 1681 C 5
WRIT - MANDATE
WRIT
WRIT-LOCUS PCENITENTL/E
DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR JAMES FERGUSON OF KILKERRAN
FISHING
KILKERRAN
DECISIONS of the LORDS OF COUNCIL AND SESSION Collected by JAMES BURNETT LORD MONBODDO
MONBODDO
DECISIONS of THE LORDS OF COUNCIL AND SESSION Reported By Alexander Tait Clerk of Session One of The Reporters For The Faculty
ARRESTMENT
BANK NOTES
BANKRUPT
BANKRUPT
BASTARD
BATTERY PENDENTE LITE
BILL
BRIEVE OF DIVISION
BURGH ELECTIONS
BURGH-ROYAL
CASTLE OF EDINBURGH
CAUTION JUDICIO SISTI
COMMISSION OF BANKRUPTCY IN ENGLAND WHAT EFFECT IT HAS IN SCOTLAND
DECLINATOR
DELINQUENCY
DELIVERY OF A DEED
DEPUTE ADMIRAL OF CLYDE
DIVORCE FOR ADULTERY
ENGLISH BOND
EXECUTIONS
EXPENSES
FACTOR LOCO TUTORIS
FACTOR
FACULTY TO BURDEN
FISHING
FOREIGNER
FORGERY
FORM OF PROCESS
FRAUDULENT-BANKRUPT
FREEHOLDER
FURTHCOMING
GAME
GROUNDS AND WARRANTS
HEIR AND EXECUTOR
HEIRS WHATSOEVER
HEIRS-PORTIONERS
HEREZELD
HERITABLE AND MOVEABLE JUS MARITI
HIGHWAYS
HOMOLOGATION
HORNING
HUNTING IN INCLOSURES
HUSBAND AND WIFE
HYPOTHEC
INDUCIÆ LEGALES
INHIBITION OF TEINDS
INHIBITION
INSURANCE
INTERDICTION
INTERDICTIONJURISDICTION ADMIRAL-SUBSTITUTE OF LEITH
LYON-COURT
MASTER AND SERVANT
MASTER AND TENANT
MESSENGER
MINISTERS STIPEND
MONEY
MONOPOLY
NOBILE OFFICIUM
NOVODAMUS
PACTUM ILLICITUM
PATRONAGE
PERSONAL AND TRANSMISSIBLE
PLANTING AND INCLOSING
POOR
POOR'S ROLL
PRESCRIPTION
PRISONER
PROBATION
PROCURATOR
PROOF
PROPERTY
PROTECTION
PUBLIC BURDEN
RANKING AND SALE
REDUCTION
REGISTER
REMOVING
REPARATION
REPARATION
REVOCATION ON DEATH-BED See Death-Bed
RUN-RIG LANDS
SALE
SASINE
SEAT IN A CHURCH
SEQUESTRATION
SERVICE
SERVITUDE
SESSION-CLERK
SIMONY
SMUGGLING CONTRACT
SOLICITOR-GENERAL
SPONSIO LUDICRA
SUMMARY APPLICATION
SUPERIOR AND VASSAL
TAILYIE
TAILYIE
TEINDS
TERCE
THIRLAGE
TITLE TO PURSUE
TOWN OF EDINBURGH
TRUST
TUTORS AND CURATORS
WADSET
WARRANDICE
WRECK
WRIT OF EXTENT
WRIT
DECISIONS Of THE LORDS OF COUNCIL AND SESSION Reported By JAMES BURNETT LORD MONBODDO
COMPLAINT FROM STIRLINGSHIRE
DECISIONS of THE LORDS OF COUNSEL AND SESSION Reported By ALEXANDER TAIT CLERK OF SESSION ONE OF THE REPORTERS FOR THE FACULTY
FISHING
DECLARATOR
SECT I Gift of Non-entry - Gift of Ward
SECT II Gift of Ultimus Hæres and of Bastardy
SECT III Gift of single and liferent Escheat
SECT IV Gift of Recognition
SECT V Divorce - Failzie - Redemption - Extinction by Intromission - Gift of Forfeiture
DELINQUENCY
SECT I Parricide
SECT II Perjury
SECT III In what cases a Procurator Fiscal may Prosecute without Concourse of the Private Party
SECT IV Scandal
SECT IX Theftboot
SECT V Stellionate
SECT VI Suicide
SECT VII Forgery
SECT VIII Crimen Falsi
SECT X Riot
SECT XII Malversation in Office
SECT XIInjuries to Judges in Office
DILIGENCE
SECT I Diligence prestable by Apprisers
SECT II Diligence prestable by Assignees
SECT III Diligence Prestable by Annualrents
SECT IV Diligence prestable by Donatars
SECT IX Nimious Diligence - Diligence of Liferenters - Diligence of Indorsees
SECT V Diligence prestable by Executors
SECT VI Diligence prestable by Tutors and Curators
SECT VII Diligence Prestable by Factors and Mandataries
SECT VIII Diligence of Trustees properly so called
DISCHARGE
SECT I Discharge of one Correus how far it operates in favour of others
SECT II Discharging the Debtor different from discharging the Debt
DISCUSSION
DIVISION I Discussion of Heirs
DIVISION II Discussion of Principal Debtors and Cautioners
ESCHEAT
SECT I Effect of Horning
SECT II What falls under Single what under Liferent Escheat
SECT III To whom Single Escheat falls
SECT IV Liferent Escheat to Whom it falls
SECT IX Competition Liferent-escheat with Creditors
SECT V Competition Single Escheat with Arrestment
SECT VI Competition Single Escheat with Assignation
SECT VII Competition Single Esheat with Executor-creditor
SECT VIII Competition Escheat with Apprising
SECT X Liferent Escheat once devolved stands good against posterior rights
EXECUTION
DIVISION I Warrant of Execution
DIVISION II Where Parties must be Cited and Execution done
DIVISION III Execution in the Night Time
DIVISION IV The execution must specify the Names and Designations of the Parties Dwelling-houses
DIVISION V Inchoate Diligence not carried on whether it fall by lapse of year and day
DIVISION VI Execution of Charge to enter Heir
DIVISION VII Clauses implying or importing particular legal steps of execution
EXECUTOR
SECT I Who entitled to the Office
SECT II Form of Confirmation
SECT III Duties of Executors
SECT IV An Executor has the only Title to Intromit with the Subjects Confirmed
SECT IX In how far and by what means the executor is constituted proprietor
SECT V In what cases Executors may make Payment
SECT VI Interpellation
SECT VII The appretiation in the confirmed testament may be corrected by a confirmation ad male appretiata or by proof of higher value - License to pursue
SECT VIII If there be a Co-executor - If the Executor die before obtaining Sentence - Every creditor may take decree and the defence of exhaustion will be reserved contra executionem
SECT X Act 14th Parl 1617 relative to retention of a Third
EXHIBITION AD DELIBERANDUM
SECT I Competent to all sorts of heirs
SECT II Who liable to Exhibit? - No interest to call for Writs where the Defunct was Denuded - Ought to be no conclusion for Delivery nor for Count and Reckoning
SECT III What writs may be called for
EXHIBITION
SECT I Who have an Interest to Pursue Exhibition
SECT II Whether a party can be required edere instrumenta contra se
SECT III Demand of exhibition of ';all writs
SECT III Demand of exhibition of 'all writs
SECT IV Who liable to Exhibit
SECT V Exceptions reserved against delivery
EXPENSES
SECT I Expenses laid out in re commune
SECT II Expenses of Exoneration; - of Multiplepoinding
SECT III Expenses of Plea
SECT IV Personal Charges - Decrees of Constitution - Discharge and Conveyance - Costs in the House Lords
FACTOR
SECT I Factory when revocable - when understood revoked
SECT II Factors' powers
SECT III Rules of accounting - Right to salary - Malversation
SECT IV Factor appointed by the Court of Session - Act of Sederunt 1611
FACULTY
SECT I Faculties that are Consistent in Law
SECT II Import of Clauses containing Reserved Faculties
SECT III Faculties when effectually Exercised - Effect on Heirs - Effect on Singular Successors - Competition of Creditors claiming under Reserved Faculties
SECT IV Reserved faculties if they operate in favour of prior creditors? - Reserved faculties are stricti juris
FEU
SECT I Feus before act 1606 secure against casualties of superiority
SECT II Act 1606 how far extended - After this act what the effect of Superior's consent
SECT III Act 58th Parliament 1641 - Whether the Superior can renounce his Casualties - Paction contrary to the nature of Feu-rights
FIAR ABSOLUTE LIMITED
SECT I Obligations to Execute an Entail
SECT II Prohibitions - to alter a Destination - to uplift without consent
SECT III Simple Destination
SECT IV Mutual Substitution among Children how far it implies Limitations
SECT IX Mutual Substitutions among Children
SECT V Clause of Return
SECT VI Where there is a clause of return must caution be found to re-employ the money if uplifted?
SECT VII Husband's power of disposal over Tocher provided in a Contract of Marriage
SECT VIII Provisions by Parents in contemplation of Marriage of their Children
SECT X The first Member of an Entail being Disponee is not bound by the Restrictions laid on the Heirs of Entail
FIAR
DIVISION I In questions betwixt Husband and Wife who understood Fiar
DIVISION II In questions between parents and children who understood to be fiar
DIVISION III Whether a fee can be in pendente
FIARS of the YEAR
SECT I Debtor Accounting
SECT II Tutors Factors Accounting
SECT III Wronguous intromitter accounting - Whether competent to question the mode of stricking the fiars
FOREIGN
DIVISION II Transactions in a Foreign Country will be judged of as to Proof and Effect by the Law of the Place so far as founded in the jus gentium not where merely statutable
DIVISION IV The Laws of a foreign State have no coercive force extra territorium Diligence in Scotland upon foreign deeds will be regulated by the Law of Scotland
DIVISION IX Foreign Decrees and other Judicial acts
DIVISION V Effect in Scotland of personal Obligation executed in a Foreign country according to the Law of the place
DIVISION VI Effects locally situated in Scotland must be under the direction of the Scots law; and conveyances of such effects must be in the Scots form
DIVISION VII Prescription by the Law of which Country regulated
DIVISION X Succession by what Law regulated
DIVISION I Foreign Writs formal according to the Law of the place afford action in Scotland as obligatory jure gentium
DIVISION III Of transactions in a Foreign Country meant to take Effect in Scotland
DIVISION VIII Annualrent by what Law regulated whether of the Creditor's country or of the Debtor's
FOREIGNER
SECT I Whether Foreigners can hold Lands in Scotland
SECT II What Caution exigible from Foreigners in law suits - How far their Attornies liable for them
SECT III Can a foreigner be appointed a tutor here Can a foreigner be received as a cautioner Who understood to be a foreigner Can a foreigner be sued in this country
FORFEITURE
SECT I Effect of Forfeiture upon the Children of the Rebel
SECT II What carried by Forfeiture
SECT III With what burdens forfeiture is affected
SECT IV Competition Creditors with the Donatar of Forfeiture
SECT IX Act I Geo I chap 20 called the Clan Act
SECT V Quinquennial Possession
SECT VI Forfeiture of a Sub-vassal - Effect of Rebellion - Misnomer
SECT VII Effect of Attainder of the Institute or Heir of Entail
SECT VIII Recissory Acts
SECT X Act 20th Geo II Cap 20
SECT XI Act 20th Geo II Cap 41
SECT XII Fugitation
FORUM COMPETENS
DIVISION I Forum Competens Ratione Originis
DIVISION IV Forum competens ratione rei sitæ et contractus
DIVISION V Arrestment Jurisdictionis Fundandæ Gratia
DIVISION VI Forum competens with regard to Executors Factors appointed by the Lords
DIVISION VII Testament within what District it must be Confirmed
DIVISION II Forum Competens Ratione Domicilii
DIVISION III Forum Delicti
DIVISION IV Forum competens ratione rei sitæ et contractus
FRAUD
SECT I Fraudulent Concealment
SECT II False Representation
SECT III Underhand dealing
SECT IV Granting Bonds and taking Discharges of the same date
SECT IX Deeds elicited by Curators upon Majority
SECT V Latent deeds are presumed to be fraudulent in order to protect against Creditors
SECT VI Effect of purchasing Goods by Persons who know themselves to be Insolvent
SECT VII Undue influence
SECT VIII Facility and Lesion without condescending on acts of Circumvention
SECT X Deeds not Read at Subscribing
SECT XI Taking advantage of Facility Imbecility or Drunkenness
SECT XII Reviving an extinguished obligation in prejudice of a creditor - Discharging a bond and taking a new one payable to a third person to disappoint a creditor - Sale retenta possessione
SECT XIII Fraus Auctoris nocet Successori
GAME
(Court of Justiciary )
GENERAL ASSIGNATION
SECT I What understood a General Assignation
SECT II Relative to Thirlage - Legacies - General Clauses in Assignations - What a General Assignation will carry
GENERAL DISCHARGES and RENUNCIATIONS
SECT I General clauses in Discharges presumed to comprehend Personal Debts
SECT II Whether General Discharges and Renunciations comprehend Heritable Debts
SECT III Whether General Discharges and Renunciations comprehend Claims of Relief
SECT IV Whether General Discharges comprehend rights of reversion; back-tacks; actions of improbation
SECT V Whether General discharges comprehend Liferent Provisions
SECT VI General Discharge if presumed to comprehend debts ab ante assigned
SECT VII If presumed to comprehend debts in which the granter is a substitute only
SECT VIII If presumed to comprehend legal provisions and undelivered bonds of provision
GIFT OF ESCHEAT
SECT I Requisites of a Gift of Escheat
SECT II Gift of Single Escheat how far Extended
SECT III Gift of Liferent Escheat
SECT IV Competitions between Gifts of Escheat
SECT V Effect of acts of the Superior inconsistent with the Gift
SECT VI Effect of the Backbond which the Donatar was by statute bound to grant
SECT VII Powers of the Barons of Exchequer with regard to Gifts of Escheat
GIFT OF NON-ENTRY
SECT I What it Comprehends
SECT II Competition between Gifts of Non-entry
GIFT OF WARD
SECT I Gift of Ward and Marriage
SECT II Gift of Ward and Non-entry
GLEBE
SECT I What Ministers entitled to a Glebe
SECT II Consequences of uniting Parishes
SECT III Presbytery's jurisdiction in designing Glebes
SECT IV Form of Designation
SECT IX Consequences of the Possession of the Glebe
SECT V Glebe out of what lands designable
SECT VI A Glebe being designed and possessed there cannot be second designation
SECT VII Fuel and Pasturage
SECT VIII Relief competent to the Heritor whose land is taken for a Glebe
SECT X Powers of the Incumbent
SECT XI Minister's grass
GROUNDS and WARRANTS
SECT I Whether necessary to produce Grounds and Warrants after a long interval of time
SECT II After twenty years warrants need not be produced
SECT III Production in Reductions and Improbations
SECT IV Grounds and Warrants of Apprisings
SECT V Grounds and Warrants of Decrees
HEIR and EXECUTOR
SECT I Rights of the Heir
SECT II Mutual Relief
HEIR APPARENT
SECT I Entitled to continue the Predecessor's Possession
SECT II Competition about the Possession
SECT III Rights and powers of an apparent heir as to removing tenants uplifting rents selling the predecessor's estate - - To whom rents unuplifted during apparency belong
SECT IV Effect of the Apparent Heir's interference and extent of his Interest in the Estate
SECT V Privilege of selling the predecessor s estate by a public auctions
SECT V Privilege of selling the predecessor's estate by a public auction
SECT VII Redemption of Apprisings from Apparent Heirs
HEIRSHIP MOVEABLES
SECT I What Moveables are Heirship
SECT II Who entitled to have Heirship Moveables
SECT III In what cases not claimable
HERITABLE and MOVEABLE
SECT I Nature and Distinctions of each
SECT II Bygone Blench duties
SECT III Bygone Feu-duties
SECT IV Casualties of Superiority
SECT IX Obligations to lay out money on heritable security
SECT V Effect of Substitutions
SECT VI Bonds with Clauses for Annualrent before the act 1661
SECT VII Rights having tractum futuri temporis
SECT VIII Incorporate Stock
SECT X Sum destined to be laid out on Heritable Security
SECT XI Assignations of Bonds secluding Executors
SECT XII Effect of the death of Debtor or Creditor before the term of payment in cases of Bonds heritable by a clause of annualrent
SECT XIII Effect of the death of debtor or creditor before the term of payment in cases of bonds heritable by clause of infeftment
SECT XIV Bonds secluding Executors
SECT XIX Surrogatum
SECT XV Of Sums Moveable notwithstanding of real Security
SECT XVI Price of Heritable Subjects
SECT XVII Adjudication upon Moveable Bonds
SECT XVIII Accessory Security
SECT XX Claim of Relief
SECT XXI Effect of Decree and of Consignation
SECT XXII Effect of Requisition
SECT XXIII Effect of a Charge of Horning
SECT XXIV Bonds secluding Executors whether rendered moveable by Diligence
SECT XXV Diligence against Cautioners - Diligence upon Apprisings
SECT XXVI The last step of Diligence is the rule
SECT XXVII Effect if the diligence be null or informal
SECT XXVIII Effect of disposition of heritable subjects to trustees
HOMOLOGATION
SECT I Deeds directly inferring consent
SECT II Inchoated acts not perfected
SECT III In what instances silence infers consent
SECT IV Of facts inferring knowledge of and consent to the right challenged Effect of consent where the right is not known Effect of legal steps passing of course Effect of minority Effect of payment
SECT IX Effect of Homologation
SECT V Acting in one Capacity whether it infers consent necessary to be given in another Capacity
SECT VI Consent not presumed when the Deed can be ascribed to another Cause
SECT VII Taking benefit of a reducible deed while it stands no homologation
SECT VIII Homologation of part whether Homologation of the whole
HUSBAND and WIFE
DIVISION I What subjects fall sub communione bonorum et debitorum
DIVISION II Extent of the Husband's liability for the Wife's debts contracted before Marriage
DIVISION III Mutual Duties betwixt Husband and Wife
DIVISION IV The Husband's powers with regard to the management of the common stock and of the Children
DIVISION IX The wife's personal privileges
DIVISION V A married woman's deeds in what cases effectual against herself the husband consenting or not consenting
DIVISION VI A married woman's deeds in what cases effectual against her husband
DIVISION VII After Proclamation of Banns the Woman considered to be in the same case as if actually Married
DIVISION VIII The Wife how far valens agere without concourse of her Husband
DIVISION X Deeds betwixt Husband and Wife during marriage
DIVISION XI Marriage Dissolving within the Year all things are Restored hinc inde
HYPOTHEC
SECT I Extent to which Corns are subject of Hypothec
SECT II Extent of hypothec upon stocking
SECT III Landlord's power of Detention in virtue of his Hypothec
SECT IV Process against Sub-Tacksmen and Intromitters with Subjects hypothecated - What if caution or payment has been offered by the Intromitters or if sufficiency has been left to answer the rent
SECT IX Whether Hypothec affected by Sequestration upon the Statutes relative to Bankruptcy
SECT V Customs of a Burgh Hypothec on Goods for the Price On Cloth or Manufactures Fishings Extent of British Statute relative to Hypothec Builder's Hypothec on the House
SECT VI Hypothec on invecta et illata
SECT VII Hypothec competent to Writers and Agents
SECT VIII Hypothec upon a Ship for Furnishings and Repairs - Hypothec for Seamen's Wages - Upon the Cargo for Freight
IMBECILITY
SECT I Luctus - Lectus agritudinis
SECT II Levity - Æstus amoris
SECT III Persons Dumb and Deaf
IMPLIED ASSIGNATION
SECT I The principal conveyed accessories follow Conveyance of a subject to which the disponer has no right
SECT II Infeftment of Annualrent granted by one not infeft what it carries
SECT III Conveyance of Superiority does it carry casualties already fallen?
IMPLIED CONDITIO1N
SECT X Intention presumed contrary to words
IMPLIED CONDITION
SECT I Provision to Children payable at a certain age
SECT I Provision to Children payable at a certain ago
SECT II Provisions payable at the Granter's Decease or at a distant Term certain
SECT III Deeds containing Substitutions
SECT IV Implied Conditions in Assignations omnium bonorum
SECT IX Alimentary Provision where the Grantee comes to be otherwise provided Condition Si sine liberis decesserit
SECT V Whether implied conditions have effect in onerous deeds
SECT VI Effect of failure of the end in view in granting a deed
SECT VII A final Settlement frustrated in some particulars how far effectual as to the remainder
SECT VIII Obligations or Renunciations granted upon an expectancy disappointed or upon the supposition of a fund of payment of which the party is afterwards deprived
SECT X Intention presumed contrary to words
IMPLIED DISCHARGE and RENUNCIATION
SECT I Whether acting as Superior by receiving Casualties implies a Discharge of any Claim to the Property
SECT II Whether a precept of clare constat granted by a Superior implies a discharge of Casualities
SECT III Effect when the Superior grants a precept in obedience
SECT IV Removing how past from
SECT IX Effect of a Charter of Confirmation
SECT V Accepting a Tack Whether it implies Renunciation of the Property; Whether it implies Renunciation of a former Tack
SECT VI Irritancy incurred how past from
SECT VII Inhibition of Teinds how past from - Requisition or Premonition - Decree Arbitral - Recognition - Legal Exception - Provision of Conquest
SECT VIII How far Conventional Provisions imply Discharge of a Wife's Legal Provisions
SECT X Effect of Public Infeftment with respect to Recognition
SECT XI Effect of Novodamus
SECT XII Charter of Resignation Right of Reversion in the Superior's Person not hurt by Confirmation; nor does it bar Reduction ex capite Inhibitionis
SECT XIII Effect of Consent
SECT XIV Discharge of Trust - Settlement of Factory-accounts - Expenses of plea after extract
IMPROBATION
SECT I To Whom this action competent
SECT II Conclusion calling for all Writs in general
SECT III Certification its Nature Stile and Effects
SECT IV Who must satisfy Production - What terms allowed for Production What incumbent on the Defender - What his Privileges
SECT IX Abiding by
SECT V In what cases Extracts sustained to satisfy production - When condescendence of the writs called for is sufficient - Transumpts
SECT VI Title to Exclude - When Proponable - What Title Sufficient - What the Effect
SECT VII Certification refused where the Pursuer his Predecessors or Authors have acknowledged the Writs called for
SECT VIII Grounds of Reponing against a Decree of Certification
SECT X Consignment by the Pursuer - Summary incarceration upon suspicion of forgery - Improbation against titles of honour
SECT XI After succumbing in the direct manner of improbation whether the indirect be competent
INDEFINITE INTROMISSION
SECT I Applicable in duriorem sortem
SECT II Preferable right - Ubi est parata executo - Jus nobilius - Applicable in sortem ejusdem generis
INDIVISIBLE
SECT I Decrees Arbitral
SECT II Writs of importance subscribed by only one Notary
SECT III Testament where the Executor is a subscribing witness - Retour - Verbal Legacy above L 100
SECT IV Deed partly ultra vires
INDUCIÆ LEGALES
SECT I Whether a summons upon the passive titles can be raised and executed during the running of the days of the charge to enter heir
SECT II Days how computed - Induciæ in a charge of horning - Baron decrees - Citations pro confesso - Criminal sentences - Induciæ before inferior courts - Reductions and improbations - Privileged summons - Decree-arbitral - Citation of tutors and curators
SECT III Annus Deliberandi
INFEFTMENT
SECT I In what cases Sasine necessary
SECT II Effect of Resignation - Effect of Renunciation
SECT III Sasine within Burgh
SECT IV Method of obtaining Infeftment by an Heir
SECT V Method of obtaining Infeftment by an Appriser
SECT VI Method of obtaining infeftment where property and superiority coincide in one person - Method of obtaining it by a singular successor after resignation is accepted of - Where the precept does not specially mention the lands - Method of infefting a Remainder-man - Where a disposition is adjudged not containing precept of sasine - Base infeftment competing with a public right
SECT VII Precept and Instrument of Sasine disconform to the Disposition - Charter disconform to its Warrant
INHIBITION
SECT I Nature Stile and Effect of an Inhibition
SECT II Inhibitions pass causa cognita
SECT III What subjects are affected by this diligence - Reaches acquirenda
SECT IV Inhibition has Effect only against Voluntary Rights
SECT V If Inhibition strikes against Renunciations Recognitions or Conditional Alienations
SECT VI Whether Inhibition secures not only the Debt but all Diligence following on it - Inhibition has effect only from the date of the Decree of Reduction
INSURANCE
DIVISION I Fault of the Insurer and Shipmaster
DIVISION II Average
INTERDICTION
SECT I What Effect it has before Publications
SECT II Virtual Interdiction - Solemnities in publication - Effect after publication - Effect as to moveables or personal execution
SECT III Interdiction strikes not against onerous or rational Deeds
SECT IV Interdicter may not be auctor in rem suam - Manner of adhibiting the Interdicter's consent - Effect of the Death of the Interdicter
SECT IV Interdicter may not be auctor in rem suam - Manner of adhibiting the Interdicter's consent - Effect of the Death of the Interdicter
SECT IV Interdicter may not be auctor in rem suam - Manner of adhibiting; the Interdicter's consent - Effect of the Death of the Interdicter
SECT V Interdiction is reducible where destitute of a rational foundation
SECT VI Reduction on the head of Interdiction to whom competent
IRRITANCY
SECT I Legal Irritancy ob non solutum canonem
SECT II Conventional Irritancy ob non solutum canonem
SECT III Legal Irritancy upon assigning or subsetting - Rental Rights - Whether Marriage be such an Assignation as to infer Irritancy?
SECT IV Whether Negligence in preserving the Subject infers Irritancy - Whether Irritancy takes place where the Condition becomes imprestable - Irritancy not a Voidance of the Right making it voidable only
SECT IX Offer of Payment if it stops incurring the Irritancy?
SECT V Pactum legis commissoriæ in pignoribus
SECT V Pactum legis commissoria in pignoribus
SECT VI Irritancy ob non solutum canonem when purgeable
SECT VII Irritancies in Feus Tacks and Rentals how purgeable
SECT VIII Conventional Irritancy in Bargains Contracts and Entails if purgeable - Irritancy relative to legatum liberationis when purgeable
SECT VIII Conventional Irritancy in Bargains Contracts and Entails if purgeable - Irritancy relative to legatum liberationism when purgeable
SECT VIII Conventional Irritancy in Bargains Contracts and Entails if purgeable - Irritancy relative to legatum liberationism when purgeable
JURISDICTION
DIVISION I Nature of Jurisdiction
DIVISION II Prorogation of Jurisdiction
DIVISION III Prevention in Cumulative Jurisdictions
DIVISION IV Jurisdiction of the Court of Session
DIVISION IX Dean of Guild Court
DIVISION V Inferior-Courts
DIVISION VI Admiral Court
DIVISION VII Baron Court
DIVISION VIII Commissary Court
DIVISION X Court of Exchequer
DIVISION XI Justices of Justices of Peace
DIVISION XI Justices of Peace
DIVISION XII Lyon Court
DIVISION XIII Regality Court
DIVISION XIV Sheriff-Court
DIVISION XIX What Courts competent for Registration in order to do Diligence
DIVISION XV Conservator of Campvere
DIVISION XVI Commissioners of Supply
DIVISION XVII Town Council of Burgh and Bailie Court - Burgh of Barony
DIVISION XVIII Presbytery
DIVISION XX Act abolishing Heritable Jurisdictions
SECT II Action lies at Common Law for redress where the Barons of Exchequer are guilty of partiality in completing gifts proceeding from the Crown
JUS QUÆSITUM TERTIO
SECT III Clauses in Deeds in favour of third parties
SECT II Delivery for behoof of a Third Party
SECT IStipulations in favour of third parties - Order to pay money to third parties - Effect to the third party of voidance of the right by which he had been favoured
SECT IV Among third parties having an Interest who is preferable?
JUS SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI
SECT I Where the author is liable in Warrandice
SECT II Where the Author is not liable in Warrandice
SECT III To which Successor does the Right accresce?
JUS TERTII
SECT I Pursuer must qualify a Legal Interest otherwise no Process
SECT II Competent to a Defender to found upon a third party's interest or other argument to show there is no ground of claim
SECT III Not competent to object against a Party's title without a Legal Interest - What understood to be a Legal Interest
SECT IV Objections competent to some and not to others
KING
SECT I Grants from the Crown - Annexed Property - Power of granting Jurisdictions - Power of Revocation
SECT II Not to be prejudiced by the neglect of his Officers
SECT III Privilege as Creditor
KIRK PATRIMONY
SECT I Nature of this species of Property
SECT II Feus granted by Churchmen
SECT III Erection of Kirk lands into Temporal lands
SECT IV Superiority of Kirk-lands annexed to the Crown
SECT V Personal Services - Suit in Presence at Head Courts
LEGAL DILIGENCE
SECT I An heritable bond when it becomes Personal so as to be the foundation of Diligence
SECT IAn heritable bond when it becomes Personal so as to be the foundation of Diligence
SECT II Diligence without Decree - Diligence before the term of Payment - Diligence in name of an Assignee or Defunct
SECT III Process against parties subsidiarie liable
SECT IV Process before the Term of Payment
SECT V Solemnities requisite in the execution of diligence - Purification of condition debts
SECT VI Arrestment upon a debt in diem - Upon a dependence
SECT VII Adjudication upon a Debt in diem
SECTION VIII Inhibition
LEGITIM
SECT I Nature of Legitim
SECT II Who entitled to Legitim
SECT III Children have right to Legitim proprio jure
SECT IV Forisfamiliation
SECT V Renunciation of the Legitim
SECTION VI Legitim how far subject to the Father's disposal
LIFERENTER
SECT I What is comprehended under a liferent right of lands
SECT II Liferent by Reservation
SECT IV What incumbent on the liferenter and fiar as to repairs of the subjects - Liferent of Furniture - Bnuos on bank stock
SECTION III Power of uplifting liferented Sums
LITIGIOUS
DIVISION I Litigious by Process
DIVISION I Litigious by Process
DIVISION II Litigious by Arrestment
DIVISION III Litigious by Denunciation on a Horning
DIVISION IV Litigious by denunciation upon apprising and citation upon adjudication
DIVISION V Litigious by Infeftment - By using an order of Redemption - By Inchoate Inhibition
LOCUS POENITENTIAE
SECT I Where Writ is necessary
SECT II Locus pænitentiæ until the Writ be perfected
SECT III What writing sufficient to bar Locus Pænitentiæ - Ubi res not est integra - Rei interventus - Oath - An informal writing does not bar Locus Pænitentiæ - Promise to ratify an informal writing bars Locus Pænitentiæ
SECT IV Pacta Liberatoria
SECT IWhere Writ is necessary
SECT V Where Writ is not necessary - Where a Bargain is agreed to be perfected in writing - Locus pænitentiæ after Writ is interposed - Where the Right to be granted is disputable - Verbal Bargain for a Lease
MANSE
SECT I Designation of the Manse - Form of designing Manses
SECT II Who arc entitled to a manse Who are liable to build and repair a a manse Minister's claim for house rent
SECT II Who are entitled to a manse Who are liable to build and repair a a manse Minister's claim for house rent
SECT II Who are entitled to a manse Who are liable to build and repair a manse Minister's claim for house rent
MEMBER of PARLIAMENT
DIVISION III The Qualification of Freeholders possessing Lands liable in Public Burden for L 400 Scots
DIVISION III The Qualification of Freeholders possessing Lands liable in Publit Burden for L 400 Scots
DIVISION IV Decisions common to qualifications upon the old extent and valuation
DIVISION V Procedure in the Court of Freeholders
DIVISION VI Summary Complaint to the Court of Session
DIVISION VII Penalty for a False Return
DIVISION I Privileges
DIVISION II The Qualification of a Freeholder possessing a Forty Shilling Land of old extent
DIVISION III The Qualification of Freeholders possessing Lands liable in Public Burden for L 400 Scots
MINOR NON TENETUR
SECT I In what cases the privilege competent
SECT II The Privilege of Minor non tenetur is not a defence against production - Nor against actions to which the Minor is liable from the nature of his right - Nor against a proving of the tenor
SECT III No privilege where the process is founded upon the predecessor's deed - Nor where action was commenced against the defunct - Nor where the Minor is the first provoker
SECT IV Privilegiatus contra Privilegiatum
MINOR
SECT I Whether liable to Penalties - Whether liable to be imprisoned for Debt - Whether capable of being a Messenger - Whether he may be convened as a haver of Writs - Whether Decree may pass against him - Whether bound to depone on the verity of his Debt - Power of the Court to prevent undue influence in chusing Curators
SECT II Minor';s privileges - Oath - Process at a minor';s instance to sell land for payment of his debt - Privilegiatus contra privilegiatum - How far liable for goods and money furnished to him - And for money borrowed by his tutor - May chuse the place of his residence - Entitled to examine the state of his affairs - Can a minor pupil contract marriage -- Can a minor be a tutor -- An arbiter -- or a Commissioner of Supply -
SECT II Minor's privileges - Oath - Process at a minor's instance to sell land for payment of his debt - Privilegiatus contra privilegiatum - How far liable for goods and money furnished to him - And for money borrowed by his tutor - May chuse the place of his residence - Entitled to examine the state of his affairs - Can a minor pupil contract marriage? - Can a minor be a tutor? - An arbiter? - or a Commissioner of Supply?
SECT III What a Minor can do without Consent of Curators
SECT IV What a Minor cannot do even with consent of his Curators
SECT IX Lesion in Legal Proceedings
SECT V Minor wanting Curators
SECT VI Deeds in minority when ipso jure null when requiring a restitutie in integrum
SECT VI Deeds in minority when ipso jure null when requiring a restitutio in integrum
SECT VII Lesion in extrajudicial proceedings
SECT VIII Lesion in taking Legal Steps
SECT X No Restitution till the other Party be restored - Whether a Minor who follows a Profession can be restored -
SECT X No Restitution till the other Party be restored - Whether a Minor who follows a Profession can be restored ?
SECT XI Quadrennium utile
SECT XII Whether recourse against curators bars reduction - Whether reduction takes effect ab initio or only from decree
SECT XIII Whether Minority interrupts the expiry of the Legal
MUTUAL CONTRACT
SECT I Retention until the other party perform
SECT II Contract performable at different periods - Effect of non-performance and of over-performance - If the one party repudiate is the other free? - Whether irritancy implied by failing to perform at the day - Effect of improper performance - Contract for mariners wages - Contract between master and servant - Contract of affreightment - Contract not signed by all parties - Obligation ad factum præstandum
SECT III Contracts of Marriage
SECT IV Contract when understood Mutual when Conditional
SECT V Effect of Prestations in Mutual Contracts as relative to Assignees
SECT VI A person in possession by a voluntary deed cannot invert this possession in prejudice of the Granter The same holds with regard to legal Disponees
SECT VII Possession must be restored at the termination of the Right
SECT VIII Incumbrances affecting the Subject transacted by the Disponee cannot be extended against the Disponer bound in Warrandice further than to pay the transacted Sum
NON-ENTRY
SECT I Non-entry duties how ascertained - In what holdings does Non-entry take place Takes place until actual infeftment But not if the superior be in mora
SECT I Non-entry duties how ascertained - In what holdings does Non-entry take place Takes place until actual infeftment But not if the superior be in mora
SECT II Full mails not due till declatator; unless the Superior be already in possession by ward
SECT III What are the Non-entry Duties before Declarator?
SECT IV Full Maids not due from Citation where the Defender has a colourable Excuse
SECT IV Full Mails not due from Citation where the Defender has a colourable Excuse
SECT IVFull Mails not due from Citation where the Defender has a colourable Excuse
SECT V Conjunct fee excludes non-entry - Non-entry excluded where the lands have been full thirty six-years
OATH of PARTY
SECT I In what Cases admitted
SECT II Whether a Party may be required to depone super facto alieno? - Whether Oath of Party must be special?
SECT II Whether a Party may be required to depone super facto alitno? - Whether Oath of Party must be special?
SECT III Whether a Party can be required to depone a second time upon special Interrogatories?
OATH
DIVISION I Oath in litem
DIVISION III Oath of Calumny
DIVISION IV Oaths to Government
DIVISION II Oath in Supplement
OBLIGATION
SECT I Promise - Effect upon Heirs?
SECT II In what cases an offer must be accepted
SECT III Personal Obligation
SECT IV Whether an obligation or a resolution only?
SECT V Obligation to grant a Right - Whether such an Obligation be equivalent as if the Right were granted
SECT VI Obligation to grant a provision by advice of friends - Obligation granted in implement of an unlawful promise
PACTUM ILLICITUM
SECT I A Son cannot be his Father's Interdictor nor a Wife her Husband's
SECT II Pactum contra Libertatem
SECT III Parents Tutors taking money under the name of a Gratification
SECT IV Gratuity taken from a Debtor - Taking gratification to become Cautioner - Bond granted by a Criminal on condition of the Creditor using his interest to obtain the Granter a pardon - Bill granted to Magistrates by a Prisoner - Respondentia Bond confirmed by Collateral Securities
SECT IX Members of the College of Justice buying pleas - Pactum de quota litis
SECT V Bond granted Causa Adulterii
SECT VI Pactum contra Fidem Tabularum Nuptialium
SECT VII Pactum super bæreditate viventis
SECT VIII Contravention of a deed by collusion of the depositary
SECT X Factors and Agents purchasing Debts of their Constituents
SECT XI Sponsiones ludicræ - Game Debt - Premium for procuring a Wife - Private Lotteries
SECT XII Premium for procuring an office Bond among Electors Money for bribing Electors Payment of an Elector's Debts in a political contest
SECT XIII Smuggling
SECT XIV Turpis causa - Sale to a White Bonnet at a Roup - Obligation not to oppose reduction of a Verdict of Fatuity - Transacting a Crime - Transacting Church Penance - British Subject purchasing a Captured British Ship - Combination of Offerers at a Sale - Combination to raise the rate of Wages - Combination against receiving Money of a particular Coinage - Pactum contra utilitatem
SECT XV Forstalling - Simoniacal Practices - Obligation by a Minister not to bring an Augmentation
PASSIVE TITLE
DIVISION I Behaviour as Heir
DIVISION II Lucrative Successor post contractum debitum
DIVISION III Apparent Heir three years in possession
DIVISION IV Vitious Intromission
DIVISION V Accepting a Disposition with the Burden of Debts
PATRONAGE
SECT I Nature and Extent of the Right
SECT II Vacant Stipend
SECT III Jus Devolutum
PERICULUM
SECT I Periculum Rei Venditiæ
SECT II Periculum rei Locatæ et rei Commodatæ
SECT III Periculum between Mandant and Mandatary - Postmaster whether answerable for Money sent by Post
SECT IV Betwixt Proprietor and Custodier
SECT IX Fiar and Liferenter
SECT V Betwixt Merchant and Shipmaster
SECT VI Hazard of Consigned Money
SECT VII Between Landlord and Tenant
SECT VIII Whether a Creditor runs any hazard of the subject burdened with his debt
SECT X Hazard of the rising or falling of Money
SECT XI Teind where the Stock is destroyed - Multure where the Ground is destroyed
SECT XII Where a Builder upholds his Work - Periculum between Master and Servant
PERSONAL and REAL
SECT I Debita fundi
SECT II Reversions - Eiks to Reversions - Reserved Faculty to Burden in a Disposition of Lands - Arrears of Interest of an heritable Debt
SECT III Paction by Declarators Back-bonds relative to Personal rights; when real; when personal?
SECT IV Pactions Declarations by Back-bond or otherwise qualifying real Rights
SECT IX Rental Rights - Tacks
SECT V Clauses burdening Conveyances
SECT VI Discharge of the Superior's Casualties
SECT VII Effect of Fraud - of Force and Fear - of Simulation of a Gift of Escheat - of Spuilzie - of Pactum contra Fidem - of Minority - of Reduction ex capite lecti - of Donatio inter Virum et Uxorem - of Payment to an Adjudger
SECT VIII Effect of Irritancies not ingrossed in the Infeftment
PERSONAL and TRANSMISSIBLE
SECT I What Rights go to Heirs
SECT II What Right go against Heirs
SECT III What Rights go to Assignees
SECT IV Where voluntary Assignees are excluded by Law or Paction whether the Right may be affected by Legal Diligence
SECT V Personal Faculties and Privileges whether they may be founded on directly by Creditors
POSSESSORY JUDGMENT
SECT I What title requisite - What time requisite - Connection of possession
SECT II What sort of possession requisite
SECT III Interruption of Possession
SECT IV Effect of a Possessory Judgment
SECT V In what Subjects Possessory Judgment takes place
SECT VI Against what Rights does it take place? - Runs not contra non valentes agere - if competent against an Action of Warrandice? - Runs against Minors
PRESCRIPTION
DIVISION I Negative Prescription of Forty Years
DIVISION II Positive Prescription of forty years
DIVISION III What Title requisite in the Positive Prescription
DIVISION IV Vicennial Prescription of Retours and of Holograph Writs
DIVISION IX Triennial Prescription
DIVISION V Decennial Prescription of Tutory Accounts
DIVISION VI Præscriptio decennalis et triennalis
DIVISION VII Septennial Prescription of Cautionary Obligations by act 5th Parl 1695
DIVISION X Sexennial Prescription
DIVISION XI Limitation of Penal Statutes
DIVISION XII Who Privileged against Prescription?
DIVISION XIII Contra non valentem non currit Prsæcriptio
DIVISION VIII Quinquennial Prescription
PROCESS
SECT XX Competent and Omitted
SECT XIII Act before Answer
SECT XIV Wakening
SECT XIX Reduction of Decrees
SECT XV Compt and Reckoning
SECT XVI Res Judicata Reclaiming Days
SECT XVII Form of Extracted Decrees
SECT XVIII Decrees in Absence
SECT XVIII Decress in Absence
SECT XX Competent and Omitted
SECT XXI Powers of the Lord Ordinary
SECT XXII Form of Process in Criminalibus
SECT XXIII What Actions competent
SECT XXIV Effect of an Order to stop Extract - Reduction repeated incidenter
PROOF
DIVISION I Allegeances how relevant to be proved
QUALIFIED OATH
SECT I Where the Qualified Oath imports a Denial of the Libel
SECT II Where resting owing is referred are payment or satisfaction or payment to a third party at the pursuer's desire intrinsic?
SECT III What if the payment or satisfaction be of that nature not to be proveable by witnesses? Qualified declaration A party's subscription being referred to his oath whether he can adject the quality that his obligation is conditional when the deed bears it to be pure ? Where the terms of agreement are referred to oath whether the quality of the endurance of the agreement being for a limited time is intrinsic or extrinsic?
SECT IV Where the libel as laid is irrelevant
SECT V No exception will be sustained unless proponed at Litiscontestation
SECT VI Compensation Extrinsic
SECT VII Where the adjected quality is not relevant
QUOD AB INITIO VITIOSUM
SECT I Convalescence of a null right
SECT II Citation cum Processu
SECT III Production of Titles cum Processu
SECT IV Making up Titles ex post facto
RANKING and SALE
SECT I In what Cases may a Legal Sale take place?
SECT II What understood Bankruptcy
SECT III The Rental how made up - Liferents how computed - Proof of the Value how taken
SECT IV Form and steps of the process Real creditors not in possession how to be called? Creditors to bring a sale must be in possession of the estate
SECT IX Difference between a Sale on the act 1681 and one at the instance of an Apparent Heir - Sale of lands under Wadset
SECT V Whether a bankrupt estate may be sold in parcels?
SECT VI Whether the sale understood a lump bargain or by rental When subjects turn out disconform to the rental When part of the subject has been evicted Relief to a purchaser for an incumbrance not known at the time of sale
SECT VII Purchasers must find caution for the price - Purchasers' right to the rents - Effect of a judicial sale as to payment of the price - Is the purchaser obliged to pay before a scheme of division is made?
SECT VIII Effect of a Decree of Sale
SECT X Purchaser acquiring an interest not produced in the ranking - Method of accounting for the price - Division of the price - At what time to be made?
SECT XI The Sale must comprehend the Debtor's whole Estate
SECT XII Who bears the Expense of a Ranking and Sale? - Election of the Common Agent - Can the Common Agent be a Purchaser? - Expense of an interim Warrant
SECT XIII Effect of conveyance to the Purchaser of the Debts affecting the Estate
SECT XIV Effect of a Process of Sale in dependence
RECOMPENCE
SECT I If one can be made liable whose benefit was not intended
SECT II Supposing the intention of benefiting in what cases Recompence due
SECT III Where one pays another's Debt without intention of benefiting him
SECT IV Expenses laid out in re communi
SECT V Parents liable for Furnishings to their Children - In what cases the Children liable - Qui in funus impendit
SECT VI Ex Rhodia de jactu - Damage sustained by a ship in defence against a privateer
SECT VII Recompence claimed by a Surgeon - Tutor - Sheriff-substitute - Commissioner for taking Oaths - Political Agent - Recompense claimed from a Trustee
REMOVING
SECT I Who entitled to pursue a Removing
SECT II Who must be called
SECT III Warning in what Cases necessary - How to be executed
SECT IV At what time
SECT IX Effect of an obligation to remove without warning
SECT V Upon what number of days
SECT VI Tenements within Burgh
SECT VII Act of Sederunt 14th December 1756
SECT VIII Removings may be decreed in during Vacation
SECT X State in which the person who removes is bound to leave the property
SECT XI Violent Profits
SECT XII Whether Executorial of Ejection may proceed without a Charge?
REPARATION
SECT I Assythment
SECT II Seduction - Adultery - Breach of promise of Marriage
SECT III False Accusation - Verbal and real Injury - Scandal and Defamation - Does veritas conviti excuse? - Whether a verbal Injury may be retorted by a real one ex intervallo?
SECT IV Inquiry by erroneous subscription of witnesses
SECT IX Impeding of Legal Diligence
SECT V User of a forged deed bona fide
SECT VI Malversation in a Judge
SECT VII Wrongous Imprisonment - Deforcement - Oppression and Damages
SECT VIII Negligence in Office
SECT X De damno infecto Damage by fire
SECT XI Whether one is liable for the malversation of those under his authority? - Complaint raised in name of another without his authority
SECT XII Servant dismissed between Terms
SECT XIII Expenses when given as Damage not restricted
RES INTER ALIOS
SECT I Proof
SECT II Res Judicata
RIGHT in SECURITY
SECT I A right in security is an exclusive right to the subject but not to the rents or annualrents
SECT II Real Security after what manner loosed
SECT III Effect of diligence - Effect of partial payment recovered before diligence or bankruptcy
SECT IV Real security remains till the last shilling be paid
SECT IX Indefinite Security
SECT V Right in security is in general not broader than the real debt at the time of granting the security
SECT VI Right in security how made effectual when the pignus is not equivalent to the debt
SECT VII Right in security of Debts to be contracted
SECT VIII Where the Creditor is empowered by the Debtor to sell his Land
SECT X Different securities on the Estate or Subjects of an Individual Debtor how they are to be Ranked - Ranking for Penalties or Expenses
SECT XI Effect of a joint-disposition to several Persons for security of Debt
SALE
DIVISION I Sale of Heritage
DIVISION II Sale of Moveables
SALMON FISHING
SECT I Right of Salmon Fishing by what form of words established
SECT II Privileges accessory to and inherent in a Right of Salmon Fishing - Regulations for fishing
SECT III Cruives - Saturday's Slop - Act 1581 Cap 3
SASINE
SECT I Symbols and Formalities of Infeftment of Annual Rent
SECT II Symbol in Resignations
SECT III General Clause of Tradition cum omni juris solemnitate - General Clause of State and Sasine - Where there are several Creditors in the same bond
SECT IV Clause vidi scivi et audivi - Clause acta erant hæc
SECT V Sasine in favour of Heirs without naming them
SECT VI Sasine of different Lands taken place at one only - The same Person both Bailie and Attorney - Sasine taken in the Night - Notary's Attestation of the number of Leaves
SECT VII Infeftment on a Personal Right - Sasine on a Precept of clare constat - Infeftment in a Right of Annual-rent taken on a Precept in a disposition of the Property
SERVICE AND CONFIRMATION
SECT I In what Cases is a Service requisite to a nominatim Substitute - Substitution in Moveables - Subjects whether to be taken up by Service of Confirmation?
SECT II Heirs have right to Tacks without Service
SECT III General Disponee
SECT IV Special Assignation of Moveables - Special Legacy
SECT V Whether requisite where the Subject is in the Possession of the Heir or Executor? - Whether the Father's Possession the same with the Childs?
SECT V Whether requisite where the Subject is in the Possession of the Heir or Executor? - Whether the Father's Possession the same with the Child's?
SECT VI Intromitters with the Defunct's effects may be pursued directly without Confirmation
SECT VII Fidei commissa whether they must be confirmed?
SECT VIII Confirmation necessary to establish a right to the Dead's Part in the nearest of Kin - A Bond of Corroboration obtained by the nearest of Kin supersedes Confirmation - Heir of a Marriage may without Service challenge Deeds contrary to the Contract of Marriage
SERVICE OF HEIRS
SECT I What Court competent to serve? - Service more burgi
SECT II Tenor of the Brieve - Form of proceeding - Reduction of Service - Can a Service be stopped by an offer to prove a nearer Heir?
SECT III Retour
SECT IV Effect of Civil Rebellion
SECT IV General Service
SECT V Special Service
SECT VI Precept of clare constat
SECT VIII Service by Adjudication on a Trust-bond - Effect of a supervening Alteration on the State of the Right
SERVITUDE
SECT I Right of Servitude how established
SECT II Difference between Servitudes and Personal Rights - Servitude implies a proper Dominant Tenement - Servitude to a Barony
SECT III Mutual Duties betwixt the Proprietors of the servient and dominant Tenements
SECT IV Servitude may be restricted to the necessary Use
SECT V Servitus Luminum - Servitude whether implied in a common Tenement within Burgh
SECT VI Servitude of a Damhead - Moss - Water-run in Coal Works - Astriction to a Smithy
SECT VII Servitude of Pasturage - Servitude of Feal and Divot
SOCIETY
SECT I What understood a Society? - How constituted?
SECT II Whether a Society can sue without being incorporated?
SECT III In pursuing a Society who must be called?
SECT IV Acquisitions made by a Partner relating to the Society - Contribution of Pains instead of Stock - Nature of the Stock of a Company
SECT IX Dissolution of a Society must be notified
SECT V How far a Partner can bind the Society?
SECT V Interest of a deceased Partner in the Stock in a Company - Partner resigning his Interest whether still liable to Company Creditors?
SECT VII Effect of the Insolvency of a Partner
SECT VIII Powers of a Majority of a Society; - of a Surviving Partner
SECT X The Company Stock of a Bankrupt Partner is liable primario to the Company Debts; but not to a Debt due to another Partner individually
SECT XI The Rights and Obligations of Partners must be determined by the Custom of the Company
SECT XII Partner whether liable to the Company in a Contribution beyond his Stock?
SECT XIII Private Banking Company
SECT XIV Joint Adventure
SECT XV Company Creditors how to be ranked on the Estates of Individual Partners
SOLIDUM ET PRO RATA
SECT I Effect of the Terms Co-Principal and full Debtor
SECT II Divisible Prestation
SECT III Indivisible Prestation
SECT IV If an Obligant bound conjunctly only should become insolvent
SECT IX Socii liable in solidum or pro rata - Partner of a Company paying the Debts - Whether Partners are bound to contribute beyond their Stock
SECT IX Socir liable in solidum or pro rata - Partner of a Company paying the Debts - Whether Partners are bound to contribute beyond their Stock
SECT V If the Subscription of one of the Obligants be null or not adhibited
SECT VI Action of Relief among correl
SECT VII If any of the correi prove insolvent - When several Persons have been found liable in solidum whether passing at the Bar from one of them extinguishes his Part of the Obligation or if it falls on the rest
SECT VIII Relief Competent to a Cautioner against the Principal Debtors
SECT X Have Socii action in solidum?
SECT XI Owners of a Ship how liable?
SECT XII Conjunct Acceptors or Drawers of a Bill
SECT XIII Heirs Portioners whether liable in solidum or pro rata?
SECT XIV Executors how liable? - In a Process must they all concur or have they Action pro rata?
SECT XIX Upon a Decree against several if each can be charged in solidum? - Can two creditors conjoined in a Decree charge in solidum?
SECT XV Tutors and Curators
SECT XVI Actis contraria mandati et negotiorum gestorum
SECT XVII Wrongous Intromitters - Delinquents
SECT XVIII Magistrates who allow a Prisoner to Escape
SECT XX Quorum of Judges - Arbiters - Auditors - Trustees
SECT XXI Quorum of Commissioners - Managers
SPUILZIE
SECT I What understood to be a Spuilzie - What Damages allowed
SECT II What Title requisite to found an Action of Spulzie
SECT III To whom the Action is Competent
SECT IV Spoliatus ante omnia Restituendus
SECT V Goods offered back de recenti
SECT VI Colourable Title of Intromission
SECT VII Command or Authority of a Superior
SUCCESSION
SECT I Succession in Heritage ab intestato
SECT II Succession of Moveables ab intestato
SECT III Succession a testato
SUPERIOR AND VASSAL
SECT V Superior bound to enter the heir of his Vassal but not till he has paid the by-gone Non-entry Duties
SECT XV A Superior may redeem Apprisings led against his Vassal
SECT I Suit and Presence at Superior's Head Courts
SECT II Privilege of brewing without the superior's Licence
SECT III Casualties due si petantur tantum
SECT IV Can a Superior interpose another betwixt himself and the Vassal or divide Superiorities?
SECT IX Superiority belonging to Heirs-Portioners
SECT VI Whether a Superior is bound to grant a Precept of Clare or infeft Vassals by Hasp and Staple?
SECT VII Penalty on Superior for refusing to enter Vassals - Superior possessing on Decree of Non-Entry
SECT VIII A Superior may compel his Vassal to enter but not entitled to Infeft him without his consent
SECT X What Sort of Singular Successors entitled to be received by the Superior? - Whether the Seller or Purchaser bound to enter?
SECT XI Composition due by Singular Successors
SECT XII What Sum payable in Name of Entry-Money?
SECT XIIISingular Successors entitled to be entered without paying up the Bygone Duties
SECT XIV A Superior bound to enter the Vassal reserving his own Right
SECT XIX Superiority in pendenti
SECT XVI Disclamation
SECT XVII Effect of a Real Right in Security granted by one who is only Superior of the Lands
SECT XVIII Effect as to Superiority of the Dissolution of the Royalty of a Burgh
SECT XX Consolidation of Property with Superiority
SECT XXI Adjudication of Superiorities - A Superior not liable to Parochial Burdens
SECT XXII In Actions at the Superior's instance who must be called? - Concursus actionem at the Superior's instance
SECT XXIII Act anent Annexations of Crown Property - Grant from the Crown of the Casualities on the Estates of its Vassals
SECT XXIV Description of the Vassal's Title
SECT XXIV Rights competent to the Superior - Ward-holding
SECT XXV Description of the Vassal's Title
SUSPENSION
SECT I Effect of Suspension
SECT II Suspension upon Performance of a negative Obligation
SECT III Whether Reasons of Suspension must be instantly verified?
SECT IV Second Diligence in Suspensions
SECT V Second Suspension
SECT VI Expens in a Suspension - A Party become personally liable by suspending though not formerly
SECT VII Execution of Decree of Suspension
SECT VIII Consignation - Caution
TACK
SECT I Subject-Matter and Nature of Tacks
SECT II Rental Rights
SECT III Ish - Indefinite Endurance how limited?
SECT III Ish - Indefinite Endurance how limited?
SECT IV In what Cases good against Singular Successors?
SECT IX Privileges reserved to the Landlord
SECT V Competition betwixt Tacks and betwixt Tacks and other Rights
SECT VI Tacks contrived as Security for Debts
SECT VII Rights of the Tenant
SECT VIII Obligations incumbent on Tenant
SECT X Clauses respecting Assignees and Sub-Tenants
SECT XI In what Cases must the Tenant find Caution for the Rent?
SECT XII Tacksman deserting his Possession
SECT XIII If the Tacksman is bound to produce his Tack in his Master's Court?
SECT XIV Tacit Relocation
SECT XV Use of Payment
SECT XVI Inhibition of Teinds
TAILZIE
APPENDIX PART I
SECT I Nature and Effect
SECT II Institute
SECT III Prohibitory Irritant and Resolutive Clauses
SECT IV Clauses contrary to Law or otherwise extraordinary
SECT IV Tailzie when revocable?
SECT V Contravention
SECT VI Tailzie when revocable?
SECT VII Act 1685 Cap 22
SECT VIII Act 10 Geo III Cap 51
TEINDS
SECT IV Valuation
SECT I Nature and Effect of this Right
SECT II Parsonage Teind
SECT III Vicarage Teind
SECT IV Valuation
Subject Index to the Historic Scottish House of Lords Reports 1709 - 1861
Absolute Disposition —Back Bond —Redemption —Irritancy. 2_Paton_368
Absolute Disposition —Trust.— 2_Paton_187
Accommodation Bills. — 5_Paton_653
Account — Interest, Accumulation of — Foreign. — 2_Rob_267
Account — Taciturnity — Morâ — Proof. — 2_SM_958
ACCOUNT. — ATTORNEY AND CLIENT. 4_Dow_29
Account. — MacRob_759
Acquiescence — Lapse of Time. — 3_Macqueen_827
Acquiescence. — 1_WS_560
Acquiescence. — 5_WS_445
Act 1695, c. 24.— 1_Paton_225
Act — Contravention of — Illegal Seizure. — 6_Paton_420
Act 24 Geo. II., c. 44 — Justices of Peace. — 6_Paton_706
Act of Parliament 1693, c. 9. — Robertson_43
Act of Parliament 5 Geo. 1. c. 22. — Popist — Trust. — Robertson_280
Act of Parliament, 5 Geo. 1 c. 22. Papist attainted of Treason. — Robertson_263
Adjudication and Infeftment —Prescription —Interruption.— 2_Paton_272
Adjudication. —Count and Reckoning.— 1_Paton_376
Adjudication — Decree of Expiry of the Legal — Pluris Petitio. — 6_Paton_783
Adjudication — Expiry of Legal — Irredeemable Right — Positive Prescription — 3_Paton_305
Adjudication — Heritable or Moveable — Approbate and Reprobate — Foreign Will — Homologation. — 3_Paton_421
Adjudication — Intimation — Provision — Jus Crediti. — 3_Paton_409
Adjudication — Trust-Disposition — Title to Object. — 2_Shaw_115
Adjudication — Warrandice — Passive Title. — 4_WS_94
Adjudications — Penalties — Pluris Petitio. — 3_Paton_9
ADMINISTRATION. — INTEREST. — COSTS. — PARTIES. — ACCOUNT, &c. 4_Dow_209
Advocation — Amendment of the Libel — Practice. — MacRob_721
After a Reference: How far Jurisdiction resumable by the Court. — 2_Macqueen_424
Agent and Client — Adjudication — Reparation — Entail. — 6_WS_518
Agent and Client — Fraud — Repetition. — 2_Shaw_252
Agent and Client — Neglect. — 4_Paton_85
Agent and Client — Reparation — Proof. — 1_Rob_226
Agent and Client — Reparation. — 6_WS_452
Agent and Client — Reparation. — MacRob_595
Agent and Client — Retention. — 2_Shaw_251
Agent and Client — Transaction. — MacRob_401
Agent and Client—Fraud.— 2_Shaw_233
Agent and Client. — 1_SM_665
Agreement — Personal Protection — Suspension of Decree of Lords of Session in foro contradictorio — Caution de Judicio Sisti. — 5_Paton_110
Agreement. — Rei interventus. — Acquiescence. — 3_Macqueen_467
AGREEMENT. — SPEC. PER. — WAIVER. — ACCOUNT. — INTEREST. — MORTGAGE, — &c. 4_Dow_442
Agreement: Construction. — 2_Macqueen_151
Alien —Proof.— 2_Paton_68
Aliment. — 1_Paton_654
Aliment.— 1_Paton_162
Aliment — Expenses. — 1_WS_402
Aliment by a mother to her son, if granted animo donandi or no. — Robertson_611
Aliment. — 1_WS_183
Aliment. — 1_WS_266
Annual Rent, Costs and Expences.— Robertson_147
Annual Rent. — 5_WS_201
Antenuptial Contract —Entail —Faculty —Jus Crediti.— 2_Paton_588
Apparent Heir — Stat. 1661, c. 24. — Partnership — Caution — Guarantee. — 2_Rob_118
Appeal —Competency —Jurisdiction.— 2_Paton_443
Appeal — Competency — Jurisdiction — Witness. — 3_Paton_1
Appeal — Costs — Triennial Prescription. — 2_WS_59
Appeal — Debtor and Creditor. — 4_WS_166
Appeal — Jurisdiction — Repetition of Expenses. — 2_Shaw_357
Appeal — Practice — Stat. 55 Geo. 3. c. 42. s. 4. 6. & 8. — Stat. 59 Geo. 3. c. 35. s. 16. — MacRob_387
Appeal — Process — (competent and omitted.) — 6_WS_214
Appeal — Process — Rehearing. — 1_Shaw_413
Appeal against a Judgment obtained out of the common course of the Court. — 2_Macqueen_478
Appeal. — Robertson_11
Appeal. — Robertson_12
Appeal. — Robertson_16
Appeal. — Robertson_409
Appeal. — Robertson_422
Appeal. — 6_Paton_62
Appeal. — 5_WS_807
Appeal. — 3_SM_381
Appeal. — 6_Bell_374
Apportionment Act, 4 & 5 Wm. 5. c. 22. — Executor and heir of entail. — 2_Macqueen_258
Approbate and Reprobate — Foreign. — 4_WS_460
Approbation of Old Sub-Valuation of Teinds — Dereliction — Augmentation of Stipend — Exhausted Teinds. — 3_Paton_534
Appropriation — Repetition. — 2_Shaw_310b
Arbitration Clause —Contract.— 2_Paton_209
Arbitration — Clause — Expences. 1_SM_747
Arbitration — Judicial Reference — Partnership — Statute. — 2_SM_243
Arbitration — Judicial Reference. — 2_Bell_43
Arbitration — Prorogation — Oversman or Umpire. — 2_Macqueen_93
Arbitration. — Expenses. — 4_Bell_161
Arbitration. — Lands Clauses Consolidation Act. — 7_Bell_325
Arbitration. — Res Judicata. — 7_Bell_171
Arbitration. — Robertson_391
Arbitration. — 4_WS_157
Arbitration. — 5_WS_305
Arbitration: Stopping the Proceedings. — 2_Macqueen_1
Arrears of Interest — Adjudications — Heritable Bond — Heritable or Moveable. — 3_Paton_659
arrestment. — 1_Paton_10
Arrestment — Assignation — Right in Security — Proof. — MacRob_28
Arrestment in Meditatione Fugæ. — 6_WS_271
Arrestment. — 2_Rob_490
Assignation— 1_Paton_44
Assignation — Partnership — Tack. — 5_WS_256
Assignation — Parts and Pertinents. — 1_Bell_1
Assignation General. — Robertson_483
Assignation in Security — Lease. — 1_WS_620
Assignation. — Title to sue — Costs. — 2_Bell_57
Augmentation of Stipend — Jurisdiction and Powers of the Court of Teinds. — 5_Paton_210
Augmentation of Stipend — Jurisdiction of Court of Teinds. — 5_Paton_224
Augmentation of Stipend — Jurisdiction. — 3_Paton_140
bank. —legal diligence. — 1_Paton_14
Bank Agent — Liability — Deposit Receipt — Stamp.— 5_Paton_655
Bank-Notes — Obligation. — 1_WS_10
Banker and Customer. — Weight attaching to the Pass-Book. — 3_Macqueen_643
Banking Co. — Agent — Partner — Powers to Bind Company. — 3_Paton_595
Bankrupt. —Act 1621, c. 18. — 1_Paton_1
Bankrupt — Composition — Cautioner — 33 Geo. III. c. 74, § 49. 4_Paton_648
Bankrupt — Discharge —No Objection that the Bankrupt is Residing in a Foreign Country — Competency of Appeal. — 4_Paton_480
Bankrupt — Discharge. — 2_WS_22
Bankrupt — Jus Crediti, or Spes Successionis. — 2_Shaw_183
Bankrupt — Prisoner. — 1_WS_65
Bankrupt — Proof Process. — 2_SM_984
Bankrupt — Sequestration — Agent and Client. — 1_WS_191
Bankrupt — Sequestration — Commission of Bankruptcy — Stamp. — 2_Shaw_230
Bankrupt — Sequestration — Heritable Creditor. — 2_Shaw_291
Bankrupt — Sequestration .— 4_WS_122
Bankrupt — Sequestration. — 2_Shaw_30a
Bankrupt — Sequestration. — 2_Shaw_362
Bankrupt — Sequestration. — 1_WS_565
Bankrupt — Sequestration. — 5_WS_1
Bankrupt — Stat. 1661, c. 21. — 54. Geo. IV. c. 137. — 3_WS_449
Bankrupt — Stat. 1696. c. 5. — 2_WS_579
Bankrupt — Stat. 54. Geo. III. c. 137 — Sequestration. — 2_WS_93
Bankrupt — Stat.1696, c.5. — 2_WS_253
Bankrupt — Statute 1696, c.5. — 6_WS_79
Bankrupt — Statute 54. Geo. III. c. 137 — Repetition — Proof.— 2_Shaw_25
Bankrupt — Trustee. — 2_WS_19
Bankrupt. — Jurisdiction. — 6_Bell_260
Bankrupt. — 4_WS_441
Bankruptcy —Foreign —Certificate and Discharge.— 2_Paton_100
Bankruptcy —Power of Granting Lease.— 2_Paton_496
Bankruptcy —Retention —Admissibility of Witness —Interest —Tutoring.— 2_Paton_381
Bankruptcy —Statute 1696.— 2_Paton_336
Bankruptcy.— 2_Paton_500
Bankruptcy — Act 1696 — Heritable Bonds — Infeftments— Usury — Onerous Causes. — 6_Paton_667
Bankruptcy — Husband and Wife — Interest. — 5_WS_745
Bankruptcy — Process — Caution. — 6_WS_301
Bankruptcy — Ranking of Creditors — Landlord and Tenant — Retention of Rent. — 3_Paton_32
Bankruptcy — Removal of Trustee and Commissioners — Management — Conjunct and Confident. — 5_Paton_48
Bankruptcy — Sale — Delivery — Restitution — Fraud — Stopping in Transitu. — 3_Paton_191
Bankruptcy — Sequestration — Stamp. — 5_WS_740
Bankruptcy — Sequestration. — 7_WS_462
Bankruptcy — Sequestration. — 3_Macqueen_116
Bankruptcy — Sequestration. 1_SM_94
Bankruptcy — Stat. 1696, c. 5. — 7_WS_26
Bankruptcy — Stat. 1696, c.5. — 54 Geo. 3. c. 137. — 1_SM_203
Bankruptcy — Trust. — 6_WS_340
Bastardy — Sasine — Res Judicata — Proof of Illegitimacy — Marriage of Adulterer with Adulteress. 6_Paton_820
Beneficium Competentiæ.— 1_Paton_469
Bill of Exchange.— 1_Paton_396
Bill —Negotiation.— 2_Paton_81
Bill —Notice of Dishonour.— 2_Paton_607
Bill —Partnership —Incomplete Contract —Agent or Principal.— 2_Paton_505
Bill — Conditional Acceptance — Agreement — Expense of Suit. — 6_Paton_261
Bill — Liability For Payment. — 4_Paton_12
Bill — Negotiation — Neglect. — 3_Paton_326
Bill — Payment — Acquiescence. — 5_Paton_219
Bill — Vitiation — No Value — Copartnership. — 4_Paton_261
Bill of Exceptions — Landlord and Tenant — Sequestration — Assignation. — 2_Rob_251
Bill of Exceptions — Proof — Witness. — MacRob_821
Bill of Exchange — Husband and Wife. — 6_WS_56
Bill of Exchange—Novation.— 2_WS_106
BILL OF EXCHANGE. — ERROR. 4_Dow_334
Bill of Exchange. — Oath. — 3_WS_484
Bill of Exchange. — 7_WS_333
Bill of Exchange. — 7_WS_457
Bill of Exchange. — 1_Bell_519
Bill of Exchange. — 2_Bell_81
Bills — Negotiation — Neglect. — 6_Paton_753
Bills of Exceptions. — 3_Macqueen_611
Bonâ fide consumption. — Robertson_405
Bonâ fide Payment — Consignation — Bankrupt — Stat. 1696, c. 5. — MacRob_617
Bonâ fide Possession — Salmon Fishing. — MacRob_772
Bona et Mala Fides — Writ. — 7_WS_82
Bona fides — Competition. — MacRob_806
Bona Fides — Entail — Reparation. — 2_Shaw_70
Bona Fides — Erpenscs. — 3_WS_286
Bona Fides — Violent Profits. — 2_Shaw_181
Bona Fides. — Landlord and Tenant. — 4_WS_431
Bona Fides. — 2_Shaw_43
Bona or Mala Fides — Entail — 4_WS_305
Bond — Cautionary Obligation — Septennial Limitation.— 4_Paton_133
Bottomry — Hypothec. — 3_Paton_148
Breach of interdict — Fishing. — 5_WS_351
British Herring Fishery — King's Bounty —Act 26 Geo. III. c. 81. — 3_Paton_575
Building Contract — Extra Charges — 6_Paton_145
Building Contract — Non-Fulfilment. — 3_Paton_563
Building New Church — Who Liable — Proportion in which Liable. — 4_Paton_356
Building Plan — Deviation — Charter — Nuisance. — 6_Paton_351
Burgh royal.—Prescription.— 1_Paton_171
Burgh Royal. —Act 7.Geo. II. c. 16.— 1_Paton_312
burgh royal. —desuetude. —election. — 1_Paton_26
Burgh Royal.— 1_Paton_207
Burgh. —Dues and Customs—Servitude—Prescription.— 1_Paton_632
Burgh — Election of Magistrates. — 3_Paton_23
Burgh — Petty Custom — Right to Levy — Usage. — 4_Paton_375
Burgh — Process — Stat. 3 & 4 W. IV. c. 76. — 3_SM_290
Burgh — Stat. 3 & 4 W. 4. c. 76. (Scotch Municipal Act) — Process. — MacRob_547
Burgh — Trades Corporations — Privileges. — 4_Paton_544
Burgh Election — Competency of Suit. — 3_Paton_21
Burgh Election — Notice — Custom of Burgh. — 3_Paton_516
Burgh Election of Magistrates and Councillors. — 5_Paton_298
Burgh Election. — 3_Paton_22
Burgh Royal — Feu — Thirlage. — 2_WS_230
Burgh Royal — Process — Appeal. — 5_WS_152
Burgh Royal — Stat. 16. Geo. II. c. 11. — 1_Shaw_13
Burgh Royal — Superior and Vassal — Servitude. — 4_WS_81
Burgh Royal. — Set. — Usage. — 2_WS_531
Burgh Royal. — Stat. 16 Geo. II. c. 11. — Expenses. — 2_WS_542
Burgh Royal. — Robertson_124
Capture —Jurisdiction.— 2_Paton_609
Capture — Illegal Prize — Demurrage and Damage. — 3_Paton_356
Carrier — Contract — Risk. — MacRob_663
Casus Amissionis —Extract.— 2_Paton_234
Cautioner — Bank Agent. — 2_Shaw_316
Cautioner — Damages for Oppressive and Illegal Execution of Diligence. — 6_Paton_731
Cautioner — Discharge of. 6_Paton_817
Cautioner — Indefinite Payment.— 3_WS_392
Cautioner — Principal and Surety. — 3_Bell_56
Cautioner — Septennial Prescription — Stat 1695, c. 5. — 1_WS_315
Cautioner — Tutor — Curator. — 3_WS_246
Cautioner — 5_WS_703
Cautioner for Bank Agent — Bond of Relief — Fraud, Concealment, and Misrepresentation. 5_Paton_705
Cautioner, Liberation of — Bankrupt. — 1_SM_553
Cautioner. — Robertson_183
Cautioner. — 1_Shaw_37
Cautioner. — 1_Shaw_131
Cautioner. — 2_WS_277
Cautioner. — 4_WS_40
Cautioner. — 4_WS_410
Cautioner. — 5_WS_436
Cautioner. — 5_WS_504
cautioner. — 7_WS_489
Cautioner. — 2_SM_564
Cautioner. — 1_Rob_99
Cautioner. — 1_Bell_280
Cautioner. — 4_Bell_67
Cautioner. — 7_Bell_379
Cessio — Fraud — 4_Paton_540
Cessio Bonorum. — 5_WS_616
Cessio. — 1_Shaw_363
Charter — Clause as to Public Bubdens. — 3_Paton_675
Charter — Foundation — Trust Uses — Election of Professor. — 6_Paton_663
Charter — Superior and Vassal — Right to Coal. — 6_Paton_795
Charter — Tenedas Clause — Right of Hunting and Fowling — Decree Arbitral. — 6_Paton_380
Charter and Sasine — Error — Service — Vicennial Prescription. — 3_Paton_557
Church — Courts — Corporation. — 6_Bell_469
Church — Presbytery's Powers to Order the Building of Do. — 6_Paton_184
Church Patronage — Right to Present. — 6_Paton_734
Church. — 6_WS_241
Church. — 7_WS_185
Churchyard —Ground Taken for Do. —Parties to Suit —Superior and Vassal.— 2_Paton_486
Churchyard — Sepulchre. — 2_Shaw_104
Circumstantial— Expenses. — 6_WS_206
Clause in Entail.— 1_Paton_610
Clause— 2_Paton_254
Clause — Act — Taking of Lands. — 6_Paton_110
Clause — Discharge. — 1_WS_595
Clause — Executry — Rents — Destination. — 3_Paton_549
Clause — Obligation. — 1_WS_112
Clause — Process — Res Novier. — 1_WS_353
Clause — Proof — 6_WS_498
Clause — Provisions to Children. — 1_Shaw_308
Clause — Testament. — 6_WS_354
Clause, Construction of. — 1_Shaw_394
Clause. — 5_WS_242
Clause.— 2_Shaw_202
Collation — Discharge — Parent and Child — Legitim. — 2_SM_377
Collation — Heir and Executor — Entail. — 2_SM_369
College — Election of Professor — Casting Vote — Dignior Persona. — 5_Paton_266
College — Election of Professor — Casting Vote. — 6_Paton_737
College — Election of Professor — Chandos Foundation. — 5_Paton_256
College of Justice — Privileges. — 3_Paton_155
College of Justice. — 1_WS_348
Common property in a loch — Right of alienation. — 2_Macqueen_463
Commonty. —Prescription.— 1_Paton_186
Commonty — Rights of Do. — 6_Paton_72
Commonty. — 2_Shaw_146
Compensation.—Discharge.—Foreign Administrator.— 1_Paton_597
Compensation — Legacy — Proof. — 1_WS_172
Compensation — Retention — Bankrupt. — 3_Paton_618
Compensation — Retention — Bill Transactions — Foreign Debt — Ranking. — 3_Paton_540
Compensation against an Assignee. — Forfeiture for Treason. — Robertson_368
Competency of Appeal under 48 Geo. 3. c. 151. s. 15, and 55 Geo. 3. c. 42. s. 4(a). — 3_Macqueen_743
Competition — Right in Security — Poinding — Bankrupt — 2_WS_71
Competition. — MacRob_117
Composition Contract — Competition. — 1_WS_227
Condition — Repetition — Judicial Remit. — 1_WS_636
Conditional Bond —Apparent Heir— 2_Paton_95
Confusio.— 1_Paton_103
Conjunct fee and liferent.— 1_Paton_251
Conquest —Approbate and Reprobate.— 2_Paton_213
Conquest. 2_Paton_495a
Consignation. — Payment into Court. — 5_Bell_105
Constitution of Marriage.— 2_Paton_598
Constitution of Marriage — 3_Paton_40
Construction — 1_Bell_219
Construction of Contract — Error — Executry — Domicile. — 4_Paton_548
Construction of Statutes — Duties on Malt Liquors — Exemption Clause. — 3_Paton_265
Construction. — Entail. — Execution of Power. — 2_Macqueen_556
Construction. — Nearest relations. — Half-blood. — 2_Macqueen_281
Construction. — Vesting. — 2_Macqueen_273
Construction. — Words held insufficient to cut down a fee into a liferent. — 2_Macqueen_288
Construction. — Robertson_61
Construction. — Robertson_76
Construction. — 2_Macqueen_295
contract. — usury. — inadequacy of price. 2_Dow_514
Contract —Error in Essentials.— 2_Paton_305
Contract — Apprentice. — 3_Paton_42
Contract — Landlord and Tenant. — 5_WS_356
Contract — Obligation — Proof of Payments — Parole — Judicial Declaration. — 5_Paton_542
Contract — Powers of Trustees on Bankrupt Estate. — 6_Paton_198
Contract of Marriage — Collation — Succession ab intestato. — 4_Paton_662
Contract of Sale — Damages for Non fulfilment. — 5_Paton_649
Contract of Sale — Delivery in Reasonable Time — Damages for Non-Fulfilment. — 4_Paton_256
Contract of Sale — Payment of Price — Exchange.— 4_Paton_22
Contract of Sale of Wheat — Parole Evidence — Competency of Appeal — Wager. — 6_Paton_422
Contract op Sale — Payment — Bills. — 3_Paton_462
Contravention of Marriage Contract —Service —Minority —Passive Title —Ratification.— 2_Paton_126
Contribution — Satisfaction of Legacy. — 2_Macqueen_492
Conveyance in Security — Act 1696, c. 5. — 5_Paton_165
Conveyance of land to a Bailway Company, with reservation of minerals — Right of the Company to subjacent and adjacent support. — 2_Macqueen_449
Copartnership — Dissolution — Settlement of Partners' Share. — 4_Paton_295
Copartnership — Liability — Power of Attorney — Right of Delegation — Jurisdiction — Foreign. — 4_Paton_421
Copartnership — Share — Remuneration. — 4_Paton_657
Copartnery — Retention. — 4_Paton_148
Copartnery. — 3_Paton_70
Corporation — Exclusive Privilege — College. — 2_SM_275
Corporation — Penalty — Costs. — 1_Rob_397
Corporation. — 3_Bell_1
Costs and Expences. — Robertson_154
Costs and Expences. — Robertson_477
Costs and Expences. — Robertson_558
Court of Justiciary —Jurisdiction —Appeal.— 2_Paton_563
Courts. — Public Officer. — 1_Bell_662
Creation of a Scotch Peerage: Proof. — 1_Macqueen_776
Crown's Prerogative.— 1_Paton_594
Crown. — Public Office. — Pension. — 1_Bell_537
Cruive Dyke —Right op Floating Timber down a River.— 2_Paton_582
Cruive Dykes — Cruive Fishing — Floating Timber down a River. — 3_Paton_679
Cruive Fishing — Illegal Engines — Import of Remit from House of Lords. — 5_Paton_119
Curator Bonis — Trustee. — 6_Bell_422
Custom — City of London — Stat. 11 Geo. 1. c. 18. sec. 7. — Jury. — MacRob_1
Customs — 2_Paton_1
CUSTOMS KING'S WAITERS. — TRUSTEE. — INTEREST. — COSTS. 4_Dow_1
Dam Dyke — Injury to Fishings. — 5_Paton_750
Damages — Assythment — Relevancy. — 5_Paton_567
Damages — Relevancy — Bankruptcy — Liability of Trustee and Commissioners for Damages. — 5_Paton_182
Damages — Service — Mala Fides in opposing Do. — Presumption of Life or Death — Factory. — 6_Paton_393
Damages for Fraudulent Abstraction. — 6_Paton_718
Damages for Illegal and Oppressive Proceedings. — 3_Paton_555
Damages for Muir-burning. — 6_Paton_135
Damages for Printing and Publishing a Libel — Veritas Convicii — Relevancy — Process. — 4_Paton_385
Damages. — Master and Assistant. — Dismissal. — 3_Paton_512
Death-bed. —Mutual contract.— 1_Paton_245
Death by Accident — Master and Servant. — 1_Macqueen_748
Death-Bed — Revocation — Approbate and Reprobate. — 4_Paton_100
Death-bed — MacRob_72
Death-bed. — Deed of Revocation. — 2_Macqueen_284
Deathbed —Faculty to Burden —Testament.— 2_Paton_130
Deathbed. — 2_Paton_8
Deathbed — Cancelled Deed. — 6_Paton_399a
Deathbed — Deed — Vitiation in Essentialibus — Parole. — 5_Paton_101
Deathbed — Reduction ex capite lecti. — 5_Paton_559
Deathbed — Reduction ex capite Lecti. — 5_Paton_573
Deathbed — Reduction. — 6_Paton_548
Deathbed — Revocation — Approbate and Reprobate. — 5_Paton_73
Deathbed — Revocations — Approbate and Reprobate. — 2_Shaw_9
Deathbed — Sixty Days how Computed — Nomination of Heir. — 3_Paton_434
Deathbed — Title to pursue. — 5_WS_718
Debt — Constitution — Foreign Bond — Surety — Beneficium Ordinis. — 6_Paton_99
Debtor and Creditor. — Payment. — Bankruptcy.—Act 1696, Cap. 5. — 5_Bell_1
Debtor's Escape from Prison — Liability of Magistrates. — 5_Paton_254
Decnee of Sale. — Patronage. — Testing Clause — Sasine. — 1_Paton_586
Decree of Sale —Entail —General and Special Charge.— 2_Paton_419
Decree in Absence — Prescription — Minor — Title to Exclude. — 2_SM_103
Decree of Sale — Entail — Prescription — Substitute — Minority. — 3_Paton_317
Decree-Arbitral — Corruption, Falsehood and Bribery. — 6_Paton_339
Decree-Arbitral — Prorogation — Ultra Vires Compromissi — Corruption, Falsehood and Bribery. — 6_Paton_342
DECREET ARBITRAL (AWARD), NOT VALID AS SUCH, IF USED AS A CLOAK FOR A TRANSACTION OF A DIFFERENT NATURE. 4_Dow_363
Decret of Sale —Exclusive Title.— 2_Paton_249
Deed —Implied Revocation —Error in Procedure.— 2_Paton_403
Deed —Incapacity —Proof —Testamentany Witness.— 2_Paton_312
Deed —Tutory —Expiry of Do.— 2_Paton_377
Deed — Construction — Conditions. — 6_Paton_779a
Deed — Solemnities — Stamp Acts. — 6_Paton_94
Deed Informal — Execution by Notaries — Prior Obligation — Death-Bed. — 3_Paton_671
Deed. — Is a Deed Defective in Solemnities Good as an Obligation to Convey? — Revocation. — Approbate and Reprobate. — 4_Paton_316
Deed. — Proof. — 1_Bell_796
Deed. — 2_Rob_524
Deeds Challenged —Fraud and Incapacity —Prescription.— 2_Paton_393
Deeds, Construction given to. — Shifting Clause. — Clause of Devolution. — 6_Bell_30
Deeds. — Writs. — Records. — 5_Bell_210
Defamation — Character — Factor. — 4_Paton_112
Defective Lease — Possession — Reduction — Deed — Subscription — Service. — 6_Paton_719
Del Credere Commission. — 3_Paton_525
Delict. — 1_WS_577
Delivery of Deed —Prescription —Confusio —Bona Fide Consumption —Interest of Debt.— 2_Paton_43
Demurrage or Damage. — 3_Paton_493
Destination — General Clause — Settlement. — 6_Paton_724
Devise. — 2_Bligh_1
DEVISE VOID FOR UNCERTAINTY, &c. 4_Dow_145
Devolution Clause.— 2_Paton_309
Diligence — Bankruptcy — Writ. — 7_WS_519
Diligence — Evidence. — 5_Bell_259
Diligence. — Arrestment. — Competition. — 7_Bell_296
Directing of Issues — Verdict — Uncertainty. — 2_Macqueen_342
Discharge. — Husband and wife. — Heritable or moveable. — 3_SM_57
Discharge. — 4_WS_361
Disposition — Absolute, or in Security — Absolute, or in Trust — Act 1696, c. 25. — 5_Paton_303
Dissolution of Copartnery —Liability of Representatives of a deceased Partner, for goods ordered in Company's name by one of the Partners, in alleged ignorance of his Death.— 2_Paton_283
Distellery Laws — Survey. — 4_Paton_95
Distillery Laws — Drawback — Working on Sundays Illegal. — 4_Paton_39
Distillery Laws — License. — 4_Paton_92
Division of Commonty. — 6_Paton_137
Divorce —Remissio Injuriæ.— 2_Paton_596
Divorce — Proof — Admissibility of Particeps Criminis — Also of a Slave. — 3_Paton_655
Divorce — Proof — Admissibility of the Socii Criminis as Witnesses. — 4_Paton_72
Divorce — Proof — Re-examination of Witness. — 3_Paton_197
Divorce — Remissio Injuriæ. — 6_Paton_675
Divorce for Adultery — Remissio Injuriæ. — 6_Paton_121
Divorce. — 1_Shaw_27a
Divorce. — 3_Macqueen_770
Domicile — Jus Relictæ, or Goods in Communion — Leoitim — Deductions — Bank Stock — Transfer — Trust — Proof of — Competency of Cross Appeal. — 4_Paton_581
Domicile — Proof. — 1_Rob_492
Domicile. — 3_Macqueen_852
Domicile. — 3_Macqueen_854
Donatio inter virumet Uxorem. — Robertson_178
Donatio non presumitur. — Robertson_4
Donation, or Anticipated Payment of Legacy. — 2_Shaw_445
Donator of Esobeat competing with a Trustee. — Robertson_607
Double Portions — Satisfaction. — 3_Macqueen_203
Duty on Salt — Exemption — Statute 1661. — 6_Paton_1
Election — Voting — Qualification. — 3_Paton_169
Election of Freemen or Burgesses. — 5_Paton_125
Election of Member of Parliament — Qualification. — 3_Paton_237
Election of Minister to a Parish — Casting Vote — Proof — Minutes of Meeting as Evidence — Manditory — Curator — Minor. — 6_Paton_238
English Bankruptcy — Scotch Sequestration — Debtor deceased — 2 & 3 Vict. c. 41(a) — 16 & 17 Vict. c. 53(b). — 3_Macqueen_772
English Marriage. — Scotch Divorce. — 3_Macqueen_563
Entail — Clause of Destination — Eldest Daughter — Heirs Male — Prescription. — 5_Paton_320
Entail — Provision — Equity. — 1_Paton_643
Entail —Clause of Return —Prohibitory Clause —Fiar —Negative and Positive Prescription —Sasine —Revocation —Conveyance —“Heirs whatsoever” —Competency of Parole to Explain this Clause —Heir Entitled to Challenge on Deathred.— 2_Paton_449
Entail —Exercise of Power —Provision.— 2_Paton_329
Entail —Institute —Fetters.— 2_Paton_255
Entail —Leases —Alienation.— 2_Paton_533
Entail —Power to Alter Order of Succession.— 2_Paton_231
Entail —Recording.— 2_Paton_52
Entail—Act of Parliament—Fraud.— 1_Paton_578
Entail—Forfeiture,Aliens.— 1_Paton_558
Entail—Heir-Female—Service.— 1_Paton_570
Entail—Powers of Feuing and Leasing—Interest of Debt.— 1_Paton_618
Entail. —Forfeiture.— 1_Paton_538
Entail. —Heir Female. —Passive Representation.— 1_Paton_628
Entail.— 2_Paton_49
Entail.— 2_Paton_322
Entail.—Resolutive Clause.— 2_Paton_17
Entail — Clause — Provisions to Children. 1_SM_739
Entail — Clause. — 3_Paton_152
Entail — Clause. — 1_SM_594
Entail — Clause. — 2_SM_817
Entail — Contraction of Debt — Resolutive Clause — Disponee. — 4_Paton_471
Entail — Contraction of Debt. — 6_Paton_60
Entail — Contravention — Damages — Leases. — 6_Paton_551
Entail — Contravention — Heir-Apparent — Declarator of Irritancy — Prescription — Miniority — Process. — 4_Paton_175
Entail — Contravention — Prescriptive Right — Minority. — 3_Paton_631
Entail — Debts — Provisions. — 6_Paton_711
Entail — Defective Resolutive Clause. — 4_Paton_231
Entail — Destination — Eldest Daughter — Heir Female. — 5_Paton_579
Entail — Destination — Heirs Male — Heir Female. — 6_Paton_792
Entail — Faculty — Prescription. — 5_WS_515
Entail — Fee or Liferent — Competency of Appeal. — 3_Paton_425
Entail — Fetters — Institute or Heir of Tailzie. — 4_Paton_242
Entail — Fetters — Institute, or Heir of Tailzie. — 5_Paton_522
Entail — Fetters — Resolutive Clause — Sales. — 4_Paton_652
Entail — Fetters. — 6_Paton_807
Entail — Heir and Executor. — 1_WS_217
Entail — Homologation — Landlord and Tenant. — 5_WS_280
Entail — Implied Revocation. — 1_WS_323
Entail — Institute — Irritant Clause. — 2_Rob_109
Entail — Institute — Life-rent and Fee — Service. — MacRob_790
Entail — Investiture — Irritancy. — 1_Rob_347
Entail — Jus Tertii. — 6_Paton_790
Entail — Lease — Acquiescence. — 3_WS_462
Entail — Lease — Purgation of Irritancy. 6_Paton_819
Entail — Lease — Purgation. — 1_Shaw_64
Entail — Lease. — 1_Shaw_16
Entail — Liferent Locality — Heir Apparent — Onerous Debts —Act 1695, c. 24. — 5_Paton_134
Entail — Negative Prescription — Possession on two Titles — Non Valentes Agere. — 6_Paton_65
Entail — Power of Leasing — Exercise of that Power — Homologation — Turpe Pactum. 6_Paton_644
Entail — Prescription — Post-Nuptial Contract — Jus Crediti — Discharge of Rights. — 6_Paton_597
Entail — Prescription. — 6_Paton_150
Entail — Prohibition — Irritancy. — 2_Macqueen_260
Entail — Prohibition against Contracting Debts. — 3_Paton_654
Entail — Prohibitory Clause — Granting Feus. — 5_Paton_609
Entail — Prohibitory Clause — Leasing Clause. — 6_Paton_520
Entail — Prohibitory Clause — Permissive Clause to Grant Leases — Contravention — Act 1449, c. 17. — 6_Paton_540
Entail — Prohibitory Clause — Power to Grant Leases — Grassum. — 6_Paton_515
Entail — Prohibitory Clause — Power to Grant Leases — Grassums — Ish. — 6_Paton_489
Entail — Prohibitory Clause — Power to Grant Leases — Ish — Grassum — Bona Fides. — 6_Paton_505
Entail — Prohibitory Clause — Power to Grant Leases — Ish — Grassum. — 6_Paton_500
Entail — Prohibitory Clause — Powers of Leasing — Grassum. — 6_Paton_465
Entail — Prohibitory Clause — Powers of Leasing — Grassums — Indefinite Term. — 6_Paton_482
Entail — Prohibitory Clause — Powers of Leasing — Ish — Grassums. — 6_Paton_493
Entail — Prohibitory Clause — Powers to Grant Leases — Grassum. — 6_Paton_507
Entail — Prohibitory Clause against Sales — “Members of Tailzie.” — 6_Paton_322
Entail — Prohibitory Clause. — MacRob_871
Entail — Provisions to Children. — 5_WS_611
Entail — Pupil — Judicial Sale under Act of Parliament. — 1_Shaw_333
Entail — Registration — Act 1685 — Passive Representation. — 3_Paton_651
Entail — Reparation. — 2_Shaw_54
Entail — Reparation. — 4_WS_254
Entail — Revocation — Contract and Discharge. — 6_Paton_785
Entail — Sale — Sasine — Res Judicata — Title to pursue — Personal Objection — Homologation. — 5_WS_657
Entail — Sale — Statute 38. Geo. c 60. and 39. Geo. III. c. 6. and 40. — 2_Shaw_1
Entail — Sale. — 5_WS_759
Entail — Sale. — 3_SM_142
Entail — Sales — Prohibitory, Irritant, and Resolutive Clauses. — 6_Paton_85
Entail — Statute 42 Geo. 3. c. 116. — Restitution. — MacRob_1033
Entail — Statute. — 6_WS_388
Entail — Succession — Clause. — 3_SM_255
Entail — Succession — Heirs Male. — 3_Paton_142
Entail — Trust — Investiture by Trustees — Power of Court to appoint Trustees. — 2_Rob_45
Entail — Trust. — 7_WS_441
Entail — 1_SM_1
Entail (Prohibitory Clause) — MacRob_898
Entail, Deed constituting. — 2_Macqueen_529
Entail. — Faculty. — 5_Bell_396
Entail. — Lord Rutherfurd's Act. — 3_Macqueen_62
Entail. — 6_Paton_801
Entail. — 3_Paton_50
Entail. — 3_Paton_76
Entail. — 1_Shaw_44
Entail. — 1_Shaw_320
Entail. — 3_WS_344
Entail. — 4_WS_196
Entail. — 4_WS_240
Entail. — 5_WS_249
Entail. — 5_WS_69
Entail. — 1_SM_29
Entail. — 3_SM_84
Entail. — 1_Bell_105
Entail. — 5_Bell_139
Entail. — 6_Bell_441
Entail.— 1_Shaw_150
Entail.— 3_SM_237
Entails —General Clause —Prohibitions against Sales.— 2_Paton_98
Ental — Fetters — Institute — Heirs of Tailzie —Res Judicata. —(1.) 4_Paton_157
Eviction of Lease — Damages — Process — (1.) 4_Paton_214
Evidence. — 3_Macqueen_766
Excambion — Transaction — Homologation. — 6_Paton_75
Exclusive Privilege. — 4_WS_370
Exclusive Privileges op Clerks to the Signet — Regulations. — 4_Paton_326
Exclusive Title — Prescription — Minority — Res Jodicata. — 3_Paton_676
Executor — Fraud — Trust. — 4_WS_444
Executry — Collation — Domicile — Foreign. — 3_Paton_300
Executry — Retention — Debt — Discharge. — 5_Paton_127
Executry — Taciturnity. — 3_Paton_432
Expenses — Ranking and Sale. — 3_Paton_593
Expenses of Process — Agent And Client — Appeal — Competency. — 4_Paton_27
Expenses. — 5_WS_567
Expenses. — 1_Bell_93
Extent — Assignation in Security. — MacRob_585
EXTRINSIC OR PAROL EVIDENCE NOT ADMISSIBLE TO ENLARGE THE EFFECT OF THE TERMS OF A WILL. 4_Dow_65
Fa'sa Demonstratio. — Misnomer. — Robertson_340
Facility — Fraud — Reduction. — 1_Shaw_472
Facility — Fraud. — 2_Shaw_206
Facility — Fraud. — 2_Shaw_212
Factor — Bill of Exchange. — 1_Paton_340
Factor — Liability for Neglect — Rate of Interest. — 6_Paton_330
Factor — Remuneration — Discharge — Locatio Operarum. — 5_Paton_115
Factor — Sale — Notice. — 3_Paton_45
Factor, — 1_Shaw_121
Factor. — Robertson_534
Falsa Demonstratio. —Forfeiture.— 1_Paton_482
Falsa Demonstratio.— 1_Paton_197
Falsa demonstratio. — Misnomer. — Forfeiture under I Geo. I. c. 42. — Robertson_278
Fee and Liferent—Competition.— 2_WS_550
Fee or Liferent — Alteration of Destination — Negative Prescription — Parole to Contradict Writing — Mandate. 6_Paton_168
Fee or Liferent — Clause. — 1_WS_161
Fee or Liferent. — 4_WS_22
Fee, Conditional or Absolute. — 3_WS_366
Fee. — Life-Rent and Fee. — 4_Bell_105
Ferry — Harbour — Statute 28. Geo. III. c. 58. — 4_WS_76
Feu-Duty —Superior and Vassal.— 2_Paton_430
Feu — Lease — Clause. — 5_Paton_234
Feu Contract for Building — Stipulation — Articles of Roup — Plan — Decree Arbitral. — 6_Paton_29
Fiar absolute and limited.— 1_Paton_334
Fiar —Fee or Liferent.— 2_Paton_537
fiar— 1_Paton_65
Fiar — Forfeiture for Treason. — Robertson_342
Fiar and Liferenter. — Provision to Heirs. &c. — 5_Bell_280
Fiar and Life-renter. — Robertson_443
Fiar or Liferenter — Bank Dividends — Bonus. — 4_Paton_521
Fiar or Liferenter — Entail — Condition. — 3_Paton_686
Fiar. — Robertson_99
Fiar. — Robertson_345
Fiar.— Robertson_144
Filiation —Proof —Onus Probandi.— 2_Paton_143
Fishing —Act 1771 —Illegal Fishing.— 2_Paton_365
Fishing — Process — Issue. — 5_WS_384
Fishing. — 1_SM_393
Foreign Decree. — 2_Paton_11
Foreign Decree.— 2_Paton_253
Foreign.—Title to pursue.—Idiotry.— 1_Paton_454
Foreign—process—res judicata— 1_Paton_69
Foreign. —Succession. —Heir and Executor.— 1_Paton_265
Foreign.— 1_Paton_181
Foreign — Deed, Construction of — Clause. 1_SM_795
Foreign — Homologation. — 5_WS_47
Foreign — prescription — Bankrupt. — 2_Shaw_406
Foreign — Res Judicata. — 4_WS_28
Foreign — Testament — Approbate and Reprobate. — 3_WS_407
Foreign Bill of Exchange — Sexennial Prescription — Res Judicata. —1. 2_SM_682
Foreign Decree. — Robertson_162
Foreign Deeds. — Robertson_1
Foreigner. — 1_Shaw_138
Forest.— 1_Paton_146
Forfeiture. —Act 1,Geo. I. c. 20.— 1_Paton_498
Forfeiture. —Act 19,Geo. II. c. 26.— 1_Paton_503
Forfeiture — Tailzie. — Robertson_298
Forfeiture for Treason. — I Geo. I. c. 20. — Personal debt claimed on a forfeited Estate. — Robertson_349
Forfeiture for Treason. — Kirk Patrimony. — I G. I. c. 20. — Robertson_331
Forfeiture for Treason. — Recognition to a loyal Superior. — 1 G. 1. c. 20. — Robertson_337
Forfeiture for Treason. — Recognition to a loyal Superior. — 1 Geo. 1. c. 20. — Robertson_335
Forfeiture for Treason. — Robertson_307
Forfeiture under the Act 1 Geo. I. c. 20. — Thirlage. — Robertson_274
Forfeiture. — Fiar or Life-renter. — Robertson_290
Forum competens — Jurisdiction. — Robertson_467
Fraud— 1_Paton_73
fraud. — 1_Paton_47
Fraud and Circumvention. — Robertson_41
Fraud and Circumvention. — Robertson_47
Fraud and Facility — Death-bed. — 5_WS_210
Fraud. — Discharge. — 4_WS_346
FRAUD. — FRAUDULENT SALES OF ESTATES NOT PROTECTED, THOUGH MADE UNDER COLOUR OF A DECREE IN EQUITY. 4_Dow_54
Fraud. — 3_WS_37
Free Manse — Repairs. — 5_Paton_745
Freehold Qualification — Fictitious Right to Vote. — 5_Paton_537
Freehold Qualification — Jurisdiction. — 1_Shaw_27b
Freehold Qualification — Member of Parliament — Retour. — 1_Shaw_493
Freehold Qualification — Member of Parliament. — 1_Shaw_482
Freehold Qualification — Trust Deed — Apparent Heir's Rights. — 3_Paton_201
Game — Right op Shooting in another's Grounds. — 3_Paton_221
General Discharge. — 2_WS_569
General Service — Power to alter Destination in Entail. — 5_Paton_1
General Service. — 5_Paton_307
Gestio pro Hærede — Passive Title. — 3_Paton_61
Goods in a Bonded Warehouse. — 1_Macqueen_698
Grass Glebe.— 2_Paton_222
Grass Glebe — Stat. 1663, c. 21. — 2_WS_558
Guarantee —Recal —Delivery.— 2_Paton_351
Guarantee —Relief —Arrestment —Trust —Proof —Oath of Bankrupt.— 2_Paton_387
Guarantee — Cautionary Obligation — Lex Mercatoria — Statutory Solemnities. — 6_Paton_38
Heir and Executor —Apparency —Rents.— 2_Paton_137
Heir and Liferenter —Liferenter's Right to Enter Vassals —Agreement —Interest —Aliment.— 2_Paton_36
Heir andExecutor.— 1_Paton_436
Heir and Executor — Relief — Clause. 1_SM_341
Heir and Executor. — 2_WS_40
Held. — 1_Macqueen_401
Hereditate Jacente — Statute 1695 — Passive Title. — 1_Paton_605
Heritable and Moveable — Foreign. — 5_WS_416
Heritable and moveable. — Robertson_216
Heritable and Moveable.— Robertson_167
Heritable Debt — Payment of — Heir or Executor — Relief — Foreign — Domicile. — 5_Paton_642
Heritable Debt — Relief among Heirs — Foreign Decree — Domicile — Res Judicata. — 4_Paton_66
Heritable or Movable. — 4_WS_328
Heritable Security — Act 1696, c. 5 — Indefinite Security. — 3_Paton_345
Heritable Security — Ranking — Indefinite Payments — Assignation. — 3_Paton_92
Husband and Wife.— 1_Paton_519
Husband and Wife — Adjudication. — 7_WS_526
Husband and Wife — Aliment — Personal Exception. — 2_WS_309
Husband and Wife — Clause. — 3_SM_177
Husband and Wife — Delicts — Expenses. — 3_Paton_213
Husband and Wife — Divorce. — 2_Shaw_435
Husband and Wife — Jurisdiction — Foreign. — 2_SM_154
Husband and Wife — Jus Relictœ — 2_Rob_345
Husband and Wife — Liferent and Fee — Clause. — 1_SM_441
Husband and Wife — Marriage — Process. — 5_WS_92
Husband and Wife — Marriage — Proof — Process. — 3_WS_85
Husband and Wife — Trustee. — 1_WS_188
Husband and wife. — 5_WS_455
Husband and Wife.— Robertson_269
Idiotry and Furiosity — Interdiction — Expenses — Law-Agent. — 3_WS_323
Idiotry and Furiosity. — Tutor and Curator. — 2_WS_481
Implied condition — Si sine liberis, &c. — 6_WS_175
Implied Contract — Master and Servant. — 2_SM_45
Implied Obligation — Mutual Contract. — 3_WS_389
Implied Revocation — Clause. — 1_WS_59
Implied Will — Relief — Heir and Executor. — 1_WS_678
Imprisonment of Debtor — Liability of Magistrates. — 3_Paton_230
Incorporation. — 3_WS_209
Infeftment —Dispensation Clause.— 2_Paton_141
Infeftment. —General Burden. —Fraud. —Litigious.— 1_Paton_255
Inhibition.— 1_Paton_640
Inhibition — Arrestment. — 1_WS_709
Inhibition — Arrestment. — MacRob_192
Inhibition — Record. — 6_Bell_359
Inhibition. — Ranking and Sale. — 1_Bell_563
Inhibition. — 1_WS_531
Insanity — Proof — Admissibility of Deposition of an aged Testamentary Witness — Objection to Witness — Interest — Agency. — 6_Paton_301
Insurance —Concealment.— 2_Paton_592
Insurance —Deviation.— 2_Paton_411
Insurance — Alteration of Voyage. — 3_Paton_443
Insurance — Concealment — Deviation. — 3_Paton_340
Insurance — Concealment — Running Ship. — 6_Paton_197
Insurance — Concealment — Submission — Personalis Exceptio. — 5_Paton_229
Insurance — Concealment — Unseaworthiness. — 5_Paton_248
Insurance — Deviation — Concealment. — 5_Paton_736
Insurance — Deviation. — 3_Paton_232
Insurance — Insurable Interest. — 5_Paton_139
Insurance — Loan. — 6_WS_323
Insurance — Representation. — 1_Shaw_238
Insurance — Stat. 6. Geo. I. c. 18. — 3_WS_218
Insurance — Unsea worthiness. — 6_Paton_179
Insurance — Unseaworthiness — Concealment. — 5_Paton_698
Insurance — Unseaworthiness. 5_Paton_697
Insurance — Unseaworthyness — 6_Paton_219
Insurance — Warranty — Foreign Sentence of Condemnation — Comitas — Relative Agreement. — 4_Paton_484
Insurance — 5_Paton_718
INSURANCE. — FRAUD. — RETURN OF PREMIUM. 4_Dow_97
INSURANCE. — SEA-WORTHINESS. 4_Dow_269
Insurance. — 3_Paton_14
Insurance. — 1_Shaw_22
Insurance. — 1_Shaw_117
Insurance. — 2_Shaw_373
Insurance. — 4_WS_17
Insurance. — 6_Bell_278
Intention — Construction. — 1_Macqueen_729
Interdict — Salmon Fishing. — 1_WS_590
Interdict or Injunction. — 1_Macqueen_691
Interdict upon Caution. — 2_Macqueen_48
Interdict. — 7_Bell_272
Interest — Expenses. — 1_Shaw_42
Interest — Foreign Rate — Res Judicata. — 6_Paton_616
Interest — How Chargeable — Bona Fides — Terce — Burgage. — 4_Paton_464
INTEREST OF PUBLIC MONEY. 4_Dow_138
Interest. — 4_WS_455
Interest. — 3_SM_317
Intestacy. — Accessorium sequitur principale. — 6_Bell_222
Intrusion into Churches.— Robertson_69
Iron Scrip Notes, Character of. — 3_Macqueen_1
Iron Scrip Notes. — 3_Macqueen_22
Irritancy of Lease —Penalty.— 2_Paton_516a
Irritancy.—Forfeiture.— 1_Paton_463
Joint Stock Company — Remedies of Shareholders. — 3_Macqueen_799
Judicial Factor — Cautioner. — 2_SM_895
Judicial Factor.— Robertson_380
Judicial Sale — Common Agent — Disability to Purchase — Fraud — Homologation. — 3_Paton_378
Judicial Sale — Consignation — Adjudication — Calculation of Interest. — 6_Paton_295
Judicial Sale — Error — Misrepresentation — Advertisement of Sale. — 3_Paton_531
Judicial Sale — Heritable Debts, Extinction of. — 3_Paton_682b
Jurisdiction of Court of Teinds —Stipend.— 2_Paton_118
Jurisdiction — Appeal. — 6_Bell_308
Jurisdiction — Consuetude — Reparation. — 1_Shaw_125
Jurisdiction — Foreign. — 1_WS_199
Jurisdiction — Forum Originis. — 1_WS_716
Jurisdiction — Fraudulent Bankruptcy — Slot. 1701, c. 6. — Wrongous Imprisonment.— 1_WS_608
Jurisdiction — Interest — Process. — 2_Shaw_451
Jurisdiction — Lis alibi Pendens — Cautionary Obligation. — 4_Paton_165
Jurisdiction — Road — Statutes, 33. Geo. III. c. 138.; 4. Geo. IV c. 49.— 4_WS_162
Jurisdiction — Schoolmaster. — 4_Paton_119
Jurisdiction — Statute. — 3_WS_441
Jurisdiction — Suspension — Statutes 4 Geo. IV. c. 26. and 25 Geo. III. c. 51.— 2_WS_642
Jurisdiction —Reparation. — 2_Shaw_125
Jurisdiction created by Arrestment. — 3_Macqueen_99
Jurisdiction. — Service of Heirs. — 5_Bell_60
Jurisdiction. — Sheriff. — Small Debt Act, 1st Vict. cap. 41. — Execution. — 5_Bell_126
Jurisdiction. — Suspension. — 1_Bell_459
Jurisdiction. — Robertson_521
Jurisdiction. — 7_WS_244
Jurisdiction. — 1_Bell_153
Jurisdiction. — 4_Bell_197
Jurisdiction. — 6_Bell_84
Jurisdiction. — 7_Bell_288
Jurisdiction. — 1_Macqueen_714
Jurisdiction. — 1_Macqueen_766
Jurisdiction.—Exhibition.—Peerage.— 2_WS_440
Jurisniction —Res Judicata —Interest.— 2_Paton_546
Jury Court — 55. Geo. III. c. 42. — 1. — 1_Shaw_99
Jury Court — Stat. 55th Geo. III. c. 42. — 59th Geo. III. c. 35. — Appeal. — 1_Shaw_459b
Jury Trial — Issue — Appeal. — 3_Macqueen_619
Jury Trial. — Issue. — 6_Bell_70
Jus Mariti —Exclusion of Do.— 2_Paton_369
Jus Exigendi. — Robertson_91
Kelso Case— 2_Paton_4
King. — 5_WS_570
King's annexed Property. — Robertson_254
King's Park—Clause—Prescription.— 2_WS_468
Kirk Patrimony. — Robertson_303
Kirk Patrimory. — Robertson_118
Kirk. — Vacant Stipend. — Widows Fund. — 4_Bell_126
Kirk. — 7_Bell_1
Kirk-Yard — Prescription. — 1_WS_533
Landlord and Tenant.— 2_WS_101
Landlord and Tenant — Clause. — 1_Shaw_1
Landlord and Tenant — Clause. — 1_Shaw_114
Landlord and Tenant — Deductions from Rent. — 4_Paton_429
Landlord and Tenant — Destruction of Subject Let, by Fire — Culpa. — 6_Paton_217
Landlord and Tenant — Improbative Lease — Writing — Possession — Parole — Expense of Stamping — Execution Pending Appeal. — 6_Paton_130
Landlord and Tenant — Irritancy. — 2_Shaw_30b
Landlord and Tenant — Lease — Secluding Assignees and Subtenants — Irritancy and Removing. — 5_Paton_169
Landlord and Tenant — Lease — Straw of the way-going Crop. — 6_Paton_614
Landlord and Tenant — Penal Rent. — 2_WS_52
Landlord and Tenant — Process — Advocation. — 2_WS_595
Landlord and Tenant — Removing. — 5_WS_299
Landlord and Tenant — River — Advertisement. — 1_WS_153
Landlord and Tenant — Sale. — 4_WS_420
Landlord and Tenant — Singular Successor — Judicial Remit. — 2_Shaw_37
Landlord and Tenant — Singular Successor — Sale — Relief. — 1_Shaw_213
Landlord and Tenant — Warranty in Lease — Retention of Rent — Damages. — 5_Paton_729
Landlord and Tenant. — Lease. — 6_Bell_455
Landlord and Tenant. — Nuisance. — 3_SM_356
Landlord and Tenant. — 4_WS_136
Landlord and Tenant. — 5_WS_28
Landlord and Tenant.— 2_WS_592
Landlord's Hypothec — — Crown's Preference. — Whether Crown has Preference over Landlord's Hypothec? — 3_Paton_273
Latent Trust — Joint Stock Company — Property in Shares — Assignation Intimated. — 5_Paton_707
Lease of Coal —Right of Property —Servitude —Opus Manufactum —Recompense.— 2_Paton_519
Lease under Entail.— 2_Paton_343
Lease —Ambiguous Clause —Parole Proof.— 2_Paton_373
Lease —Arbitration —Constructive Corruption —Oversman —Parole. — 2_Paton_626
Lease —Arbitration.— 2_Paton_338
Lease —Duration —Powers.— 2_Paton_66
Lease —Incomplete Contract —Possession —Locality Lands —Power to Lease.— 2_Paton_317
Lease.— 2_Paton_286
Lease — “Heirs,” meaning of term — What it Includes — Assignees and Subtenants. — 6_Paton_16
Lease — Ambiguous Clause. — 6_Paton_799
Lease — Assignation — Bona et mala fides. — 3_WS_404
Lease — Assignation — Right in Security. — 2_SM_1
Lease — Assignees — Suspension — Competency. — 3_Paton_287
Lease — Clause — Way-going Crop. — 4_Paton_170
Lease — Construction of word “Heirs.” — 4_Paton_571
Lease — Deviation from Mode of Cropping — Penalty. — 3_Paton_119
Lease — Error in Substantialibus — Parole. — 3_Paton_203
Lease — Hypothec. — 1_SM_694
Lease — Landlord and Tenant — Deviation from Mode of Cropping — Option — Penalty. — 6_Paton_117
Lease — Possession — Informal Writing. — 3_Paton_309
Lease — Purgation — Entail. — 1_Shaw_59
Lease — Removing. — 3_Paton_145
Lease — Remuneration — Coal. — 1_SM_629
Lease — Right in Security. — 5_WS_476
Lease — Singular Successor — Act 1449. — 3_Paton_474
Lease — Stat. 5 Geo. IV., c. 74.— 7_WS_411
Lease — Title to Pursue — Warrandice. — 5_WS_771
Lease — Way-Going Crop — Straw and Dung — Custom of the Country. — 4_Paton_311
Lease in Perpetuity — Singular Successor — Homologation — Irritancy. — 3_Paton_666
Lease of Coal — Clause as to Level. — 6_Paton_757
Lease of Coal — Reservation Clause — Res Judicata. — 3_Paton_487
Lease, Reduction of — Fraud and Facility — Force and Fear. — 3_Paton_613
Lease, Reduction of, — Facility, Fraud and Lession — Prorogation of, or Lease in Reversion. — 4_Paton_1
Lease. — 3_Paton_158
Lease. — 3_WS_417
Lease. — 2_SM_24
Leasing Power. — MacRob_493
Legacy — Testament — Vesting. — MacRob_685
Legacy Duty — Real or personal — 2_Bell_89
Legacy Duty. — 4_Bell_1
Legacy Duty. — 1_Macqueen_760
Legacy. — Substitute or Conditional Institute. — 2_WS_625
Legacy. — Vesting. — 7_Bell_143
Legitim — Discharge of — Election. — 4_Paton_364
Legitim — Homologation — Heritable or Moveable — Partnership. — 5_Paton_525
Legitim — Husband and Wife — Provisions to Heirs and Children. — Bonds. — Robertson_594
Legitim — Lex Domicilii — Discharge of Legitim — How it Operates — Homologation — Child's Share of Goods in Communion — Heritable or Moveable — Government Annuities — French Funds. — 3_Paton_247
Legitim — Res Judicata. — 5_Paton_160
Legitim. — Heritable and Moveable. — 4_Bell_286
LEGITIMACY. — DAUGHTER, FOR A SUM OF MONEY, RENOUNCES TO HER FATHER HER CLAIMS UNDER HIS MARRIAGECONTRACT, AND DIES IN HIS LIFETIME. — WHAT IS THE EFFECT OF THE RENUNCIATION? 4_Dow_392
Legitimation Per Subsequens Matrimonium — Foreign — Alien — Naturalization Acts. — 5_Paton_194
Liability for a Dog. — 2_Macqueen_14
Liability for Feu Duty after parting with the Feu. — 2_Macqueen_40
Liability of a Cautioner or Surety. — 7_Bell_390
Liability of Carriers by Water — Damages for Loss by Fire. — 6_Paton_460
Liability of Master for Accidents arising from the Carelessness of Servants. — 3_Macqueen_266
Libel. — Records. — 6_Bell_175
Lien — Retention. — 1_WS_399
Life-rent Escheat — Aliment of the Fiar. — Robertson_449
Liferent and Fee. — 4_Paton_43
Liferent and Fee. 5_Paton_654
Liferent Escheat. — Robertson_241
Liferenter and Fiar. — 6_Paton_374
Lis Alibi pendens. — Robertson_582
Lis finita. — Robertson_32
Literary Property — Copyright — Protection both by the Act and at Common Law. — 5_Paton_493
Literary Property — King — King's Printer. — 3_WS_268
Local Militiaman —Stat. 54. Geo. III. c. 19. — 1_Shaw_128
Locality — Right to Teinds. — 6_Paton_77
Locality — Right to Teinds. — 6_Paton_81
Locus Pœnitentiæ — Absolute or Revocable — Fiar. — 3_WS_380
LONG ACQUIESCENCE A BAR TO RELIFE. 4_Dow_16
Mandate — Attorneys — Foreign. — 4_Paton_249
Mandate — Res noviter. — 3_WS_384
Mandate—Agent and Client.— 2_WS_568
Mandate.— Burgh Royal.— 2_WS_528
Mandatory — Expenses. — 2_Rob_29
Manse — Building or Repairing. — 3_Paton_43
Manse — Stat. 1663, c. 21. — 1_Shaw_10
Manse and Glebe, Right to — Res Judicata. — 5_Paton_593
Manse. — Stat. 1663, c. 21.— 2_WS_600
Marine Insurance —Deviation.— 2_Paton_244
Marriage Articles,Fraud—Proof.— 1_Paton_547
Marriage Contract—Powers of Father—Fiar—Res Judicata.— 1_Paton_542
Marriage —Constitution of Marriage.— 2_Paton_29
Marriage.—Constitution.—Cohabitation in Foreign Parts.— 2_Paton_33
Marriage — Cohabitation — Proof. — 6_Paton_684
Marriage — Constitution of Do. — 3_Paton_56
Marriage — Constitution. — 6_Paton_671
Marriage — Legitimacy — Proof — Insanity. — 5_Paton_675
Marriage — Legitimation per subsequens Matrimonium — Domicile. — 6_Paton_645
Marriage — Legitimation per subsequens matrimonium — Domicile. — 1_Rob_475
Marriage — Proof. — 1_Shaw_440
Marriage by Cohabitation and Acknowledgment. — 3_Paton_53
Marriage Contract — Entail. — 5_WS_77
Marriage Contract — Jus Crediti — Provision — Surrogatum — Fiar Absolute — Limited. — 6_Paton_390
Marriage Settlement — Relief among Heirs — Res Judicata. — 3_Paton_113
Marriage with deceased Wife's Sister. — 3_Macqueen_497
Marriage. — Husband and Wife. — Separation a Mensa et Thoro. — 7_Bell_337
Marriage. — Legitimation per subsequens matrimonium — Lex loci rei sitæ. — 1_Rob_627
Marriage. — MacRob_942
Marriage. — 2_Rob_547
Marriage. — 1_Bell_736
Master and Servant — Apprentice — Sabbath — Statute — Acts 157 9, c. 70, and 1690, c. 21 — Construction — Barber — Handicraft. — 2_SM_465
Master and Servant. — 1_Shaw_124
Master and Servant. — 6_WS_277
Master's Liability for Injury to his Servant. — 2_Macqueen_30
Master's Liability to the Public for Injury done by a Servant. — 3_Macqueen_300
Meditatio Fugœ Warrant. — 1_Shaw_257
Member of Parliament. —Act 7. Geo. II. c. 16.— 1_Paton_346
Member of parliament. — Robertson_452
Member of Parliament. — 3_Paton_293
MERCHANTS'S BOOKS. — EVIDENCE. 4_Dow_467
Minerals under a Railway — Security against Subsidence. — 3_Macqueen_56
minor. —pactum illicitum. — 1_Paton_7
Minor — Cautioner. — 7_WS_211
Minor — Obligations When in trade — In rem minoris versum — Curator — Settled Account. — 6_Paton_222
Minor non tenetur placitare. — Robertson_28
Minor. — Robertson_37
Minor. — Robertson_564
Minor. — 2_WS_608
Minority and Lesion. — Jus Mariti. — Courtesy — Robertson_346
MORTGAGEE, PENDING A SUIT, &C. 4_Dow_417
Mortification. — Trust. — Charity. — Absolute or Conditional. — 5_Bell_409
Moveable Succession, Administration of — Jurisdiction. — 2_Rob_88
Multiple-poinding(a) — Claimants after Decree. — 3_Macqueen_347
Mutual Contract.—Affreightment.—Plsriculum.— 1_Paton_119
Mutual Contract. —Husband and Wife.— 1_Paton_364
Mutual Contract. —Succession.— 1_Paton_214
Mutual Contract — Landlord and Tenant — Coal. — 2_Shaw_175
Mutual Contract — Master and Servant — Reparation. — 3_WS_430
Mutual Contract — Personal and real. — Robertson_317
Mutual Contract — Reparation — Expenses. — 3_WS_19
Mutual Contract, South Sea stock. — Robertson_503
Mutual Contract. — 1_Shaw_365
Mutual Contract. — 4_WS_20
Nature of Divorce Bills. — 3_Macqueen_43
Navigable Rivers — Right of Towing or Tracking Path — Prescription — Immemorial Usage — Interruption — Acquiescence — Expense. — 5_Paton_61
Negative Prescription.— 2_Paton_595
Negotiorum Gestor —Interdiction.— 2_Paton_13
Negotiorum Gestor. — Robertson_438
New Trial — Verdict — Evidence — Venue. — MacRob_468
Non-entry. — Robertson_80
Notour Bankruptcy — Statute 1696. — 1_Paton_614
Nuisance — Interdict. — 5_WS_649
Nuisance — Interdict. — MacRob_1018
Oath — Loan. — 1_WS_35
Oath of Calumny — Stamp. — 1_WS_203
Obligation — Debt — Interest. — 6_Paton_709
Obligation — Error. — 6_WS_543
Obligation — Statute — Servitude. — 2_SM_530
Obligation to Entail — Prescription — Interruption — Minority. — 5_Paton_35
Obligation. — Provisions to Heirs, &c. — 4_Bell_179
Obligation. — 7_WS_12
Onus probandi. — 3_Macqueen_180
Outlawry — Entail — Trust. — MacRob_645
Pactum illicitum.—Member Of Parliament.— 1_Paton_148
Pactum Illicitum. —Bill of Exchange.— 1_Paton_359
Pactum Illicitum —Stat. 29Geo. 2.c. 16.,and 33Geo. 3.c. 2. —Order in Council, 11thMay 1803. — 1_Rob_260
Pactum illicitum — Practice — Pleading — Costs. — 1_Rob_1
Papist. — Jus tertii. — Robertson_547
Parent and Child — Foreign. — 4_WS_289
Parent and Child. — Tutor and Pupil. — Robertson_312
Parish — Church — Relief. — 4_WS_300
Partnership —Joint Adventure —Præpositus Negotiis.— 2_Paton_114
Partnership — Accounting — Adjusted and Settled Account — 6_Paton_78
Partnership — Articles. — 6_Paton_796
Partnership — Assignation — Right in Security. — 7_WS_281
Partnership — Bill of Exchange. — 1_Shaw_244
Partnership — Clause. — 2_Shaw_225
Partnership — Clause. — 5_WS_625
Partnership — Competition — Bankrupt — Title to Pursue. — 2_Shaw_467
Partnership — Dissolution of — Title to Sue. — 3_Paton_428
Partnership — Interest. — 5_WS_796
Partnership — Joint Stock Company — Contract. — MacRob_353
Partnership — Liability — Compensation. 5_Paton_706
Partnership — Liability as Partner — Election. — 5_Paton_632
Partnership — Liability as Partner. — 5_Paton_639
Partnership — Liability of Partner. 6_Paton_643
Partnership — Liability to Contribute for Payment of Company Debts. — 6_Paton_800
Partnership — Pactum Illicitum. — 6_WS_489
Partnership — Process. — 7_WS_574
Partnership — Sale — Homologation. — 7_WS_564
Partnership — 5_WS_16
Partnership—Lease.— 7_WS_497
Partnership. — Proof. — 5_WS_468
Partnership. — Usury. — Reparation. — 5_WS_639
Partnership. — 1_Shaw_481
Passive title under the act 1695.—Heir apparent.—Possession.— 1_Paton_416
Passive Title — Confusion. — 2_Shaw_118
Passive Title.— 2_WS_576
Passive Titles, 1695, cap. 24. — 1_Bell_476
Passive Titles. — 2_Rob_475
Patent —Previous Use.— 2_Paton_346
Patent. — 1_Shaw_54
Patent. — 1_Bell_70
Patent. — 2_Bell_1
Patrimony of the Crown —Superior and Vassal. 2_Paton_516
Patron —Competing Presentations —Mandant's Powers —Implied Recal.— 2_Paton_447
Patronage.—Process.— 1_Paton_475
Patronage —Prescription —Possession —Competition of Right to Present.— 2_Paton_25
Patronage —Right of Presentation.— 2_Paton_104
Patronage — Church — Jurisdiction — Acquiescence. — MacRob_220
Patronage — Prescription. — 5_WS_723
Patronage of the City Churches. — 6_Paton_761
Patronage. — 1_Bell_595
Patronages — Crown's Right — Prescription. — 6_Paton_43
Pawnbrokers. — 4_Bell_254
Penal Irritancy. — Homologation. — Robertson_590
Personal and real. — 1_Paton_84
Personal and Real. —Bona et mala fides.— 1_Paton_432
Personal and real. —Discharge.— 1_Paton_176
Personal and transmissible. — Robertson_324
Personal Objection — Burgh Royal. — 1_WS_570
Personal Objection. — 1_WS_103
Personal or Real — Irritancy. — 2_SM_609
Personal or Real — Irritancy. — 1_Rob_296
Personal Succession. — Legitim. — Parent. — 2_Bell_63
Pleading — Pailway — Provisional Committee — Obligation — Relevancy of Allegation. — 2_Macqueen_499
Points to be considered. — 3_Macqueen_323
Poor Law. — 2_Macqueen_28
Poor. — Parish. — Stat. 39 & 40 Geo. III. c. 88. — MacRob_435
Poor. — 4_WS_43
Poor. — 1_SM_134
Poor. — 2_SM_773
Positive Prescription —Absolute or Redeemable Right —Testing Clause.— 2_Paton_415
Positive Prescription —Interruption of Do.— 2_Paton_193
Positive Prescription.— 2_Paton_258
Positive Prescription — Nullities in Titles — Error in Date, &c. — 6_Paton_194
Possession on Ajudication —Redemption —Heritable Creditor —Assignation.— 2_Paton_27
Possession — Proof. — 4_WS_154
Possessory Judgment — Salmon Fishing. — 2_WS_158
Postmasters — Illegal Combination to Raise Rates of Posting — Jurisdiction of the Justices. — 4_Paton_17
Postnuptial Contract —Reserved Faculty.— 2_Paton_434
Power to Grant Leases of Mines —Implied Recall of Factory.— 2_Paton_238
POWER. — INFORMAL EXECUTION AIDED. — ANNUITY. 4_Dow_248
Practice — Jury Trial. — MacRob_136
Prerage —Succession to.— 2_Paton_55
Prescription of Adjudication.— 1_Paton_533
Prescription of Entail — Minority. — 1_Paton_649
Prescription Positive and Negative—Clause of Return.— 1_Paton_553
Prescription.—Indefinite payment. 1_Paton_409
Prescription —Foreign Succession. 2_Paton_495
Prescription. —Act 1579, c. 83.— 1_Paton_288
Prescription. —Act 1579, c. 83.— 1_Paton_293
Prescription — Clause. — 1_Shaw_401
Prescription — Entail of Leases — Decree-Arbitral — Reduction — Res Judicata — Homologation. — 6_Paton_449
Prescription — Foreign. — 3_Paton_98
Prescription — Interruption — Summons — Parties Called. — 3_Paton_17
Prescription — Negative and Positive. — 6_Paton_728
Prescription — Novation. — Evidence. — 6_Bell_245
Prescription — Property — Coal — Novodamus — Signature. — 4_Paton_532
Prescription — Road — Presumption. — 3_WS_251
Prescription — Servitude — Drove-Road. — 7_Bell_43
Prescription — Title to exclude. — 5_WS_43
Prescription (Septennial) — Stat. 1695, c. 5. — 1_Rob_137
Prescription. — 1_WS_306
Prescription. — 1_WS_657
Prescription. — 1_Bell_167
Prescription. — 1_Bell_499
Prescription. — 5_Bell_172
Prescriptive Possession — Grazing Grounds — Part and Pertinents. — 6_Paton_376
Prescriptive Possession — Propinquity — Bastardy — Hearsay. — 4_Paton_32
Presumption. —Vicennial prescription.— 1_Paton_427
Presumption — Husband and Wife — Parent and Child. — 2_SM_417
Presumption — Payment. — 4_WS_57
Presumption — Robertson_209
Presumption. — Intromission with the Settlements of a Person deceased. — Proof. — Robertson_552
Presumption. — Proving of the Tenor — 4_WS_335
Presumption. — Robertson_84
Presumption. — Robertson_282
Presumption. — Robertson_377
Presumption. — Robertson_397
Presumption. — 4_WS_58
Presumption-Bond. — Robertson_514
Prin. and Surety. — 1_Bell_78
Principal and Agent — Bill of Exchange. — 2_Shaw_219
Principal and Agent. — 2_Bell_30
Prisoner — Indefinite Payment — Bankrupt. — 2_WS_7
Privileges of Incorporation — Infringement. — 6_Paton_233
Prize. — Robertson_130
process — res judicata — 1_Paton_60
Process. —Appeal— 1_Paton_222
Process. —Literary Property. —Act 8Anne c. 19.— 1_Paton_488
Process — Amendment of Libel. — 2_Shaw_110
Process — Appeal. — 7_WS_147
Process — Appeal. — 3_SM_1
Process — Incident Diligence. — Robertson_259
Process — Jury Court. — 2_Shaw_386
Process — Jury Trial — Verdict. — 6_Bell_402
Process — Practice in Bill Chamber — Sheriff's Process — Caption — A.S. 17th Jan. 1797 — A. S. 14th June 1799 — A. S. 11th July 1828 — A. S. (Sheriff Courts) 11th July 1828, c. 19. sect. 4.— 2_Rob_317
Process — Proof. — 4_WS_184
Process — Proof. — 6_WS_468
Process — Qualified Condescendance. — Robertson_499
Process — Remit. — 7_Bell_153
Process — Reparation. — 5_WS_462
Process — Society — Mandate. — 2_WS_66
Process — Title to Pursue. — 1_Shaw_30
Process (competent and omitted) — Expences. — 6_WS_222
Process. — Act and Commission. — Robertson_394
Process. — Bill of Exceptions. — Record. — 7_Bell_100
Process. — Issue. — 7_Bell_186
Process. — Jury Trial. — Jurisdiction. 4_Bell_175
Process. — Landlord and Tenant. — 5_WS_228
Process. — Robertson_436
Process. — Robertson_604
Process. — 2_Shaw_461
Process. — 1_WS_318
Process. — 4_WS_121
Process. — 5_WS_622
Process. — 7_WS_559
Process. — 6_Bell_394
Process. — 6_Bell_541
Process. — 7_Bell_79
Professor of law.— 1_Paton_401
Promissory Note. — Robertson_511
Proof.—Witness.— 1_Paton_479
Proof —Fraud —Relevancy.— 2_Paton_26
Proof— 1_Paton_267
proof—presumption— 1_Paton_58
Proof — Cautioner. — 5_WS_410
Proof — Evidence — Borrowed Money .— A party held no vouchers or documents of debt, for sums of money lent to his brother. The only evidence of these being some jottings in the brother's account book, and other separate accounts. — 3_Paton_188
Proof — Jury Court — 55. Geo. III. c. 42. — 1_Shaw_109
Proof — Onus Probandi. — 2_Shaw_147
Proof — Partnership. — 4_WS_47
Proof — Semiplena Probatio — Bastard. — 1_Shaw_111
Proof — Witness — Production of Books. — 4_Paton_89
Proof. — 1_SM_117
Proof. — 1_SM_723
Proof. — 1_Bell_183
Proof.— 1_Shaw_157
Property — Accession — Sea Shore — Burgh. — 3_Paton_606
property — coal. — 7_WS_163
Property — Common — Bounding Charter — Possession. — 5_Paton_762
Property — Common — Servitude — Damages for Molestation. — 5_Paton_664
Property — First Possessor — Rule in Whale Fishing. — 3_Paton_334
Property — Part and Pertinent — Servitude of Pasturage — Submission. — 4_Paton_54
Property — Right of Ferry — Usage — Grant. — 6_Paton_417
Property — River. — 3_WS_235
Property — Road — Moss Ground — Part and Pertinent — Parole Testimony. — 5_Paton_669
Property — Run-rig. — 7_WS_375
Property — Servitude. — 6_WS_127
Property — Statute 57. Geo. III. c. 53. — 1_Shaw_452
Property — Udal Tenure — Sea Ware — Kelp — Prescriptive Possession — 6_Paton_146
Property in Water. — 6_Paton_139
Property of Church — Seceding Body. — 6_Paton_618
Property of Church — 5_Paton_719
Property—River.— 2_Rob_333
Property. — Parliamentary Powers. — Public Works. — 5_Bell_333
Property. — 6_WS_141
Proving the Tenor — Special Casus Amissionis, when necessary. — Antenuptial Contract of Marriage. — 3_Paton_105
Proving the Tenor. — Presumption. — Mutual Obligation. — Robertson_561
Proving the Tenor. — 6_WS_394
Provision to Children.— 1_Paton_297
Provision to heirs and children. — construction — 1_Paton_136
provision to heirs and children. — 1_Paton_20
Provision to Heirs and Children. —Fiar absolute and limited.— 1_Paton_493
Provision —Discharge by one Child of Share of Conquest —How it Operates as to the other Children.— 2_Paton_199
Provision to Children — Legacy — Conditio si sine liberis decesserit. — 2_Rob_1
Provision to Heirs and Children — Ante-Nuptial Contract — Implied Condition. — 6_Paton_692
Provision to Wife — Clause — Vesting. — 2_Rob_298
Provisions to Children. — Robertson_55
Provisions to Children. — Robertson_59
Provisions to heirs and children — Husband and wife. — Robertson_411
Provisions to heirs and children. — Presumption of revocation. — Robertson_417
Provisions to Heirs and Children. — Robertson_399
Public Office.— 1_Paton_603
Public Office —Schoolmaster in Burgh —Appointment.— 2_Paton_277
Public Police.—Act I.Geo. I. c. 5.—Process.— 1_Paton_367
Public Highway. — Property. — Servitude. — 4_Bell_374
Public Officer — Edinburgh Police Acts. — 1_Rob_162
Public Officer — Stat. 6. Queen Anne, c.26. — Exchequer. — 2_Shaw_113
Public Officer — Title to Pursue. — 4_WS_123
Public Officer — Town Clerk — Possession. — 2_SM_930
Public Officer — Town-Clerk — Exclusive Privilege. — 3_WS_491
Public Officer. — Robertson_19
Public Officer. — Robertson_197
Public Officer. — 1_Shaw_229
Public Officer. — 1_Bell_628
Public Officer. — 3_Bell_70
Public Police — Statute. — 4_WS_137
Question of Registration under the Entail Act, 1685, c. 22: — 2_Macqueen_205
Railway — Level crossing — Damages. — 2_Macqueen_229
Railway Company — Liability to take Land though Line unexecuted — Release of Company — Railway Acts enabling, not obligatory. — 2_Macqueen_514
Railway Contracts by the originators — how far binding on the Company. — 2_Macqueen_391
Railway Deposits: Committee's Power to reimburse themselves. — 2_Macqueen_61
Railway Tolls — Agreement. — 3_Macqueen_75
Ranking —Society —Company and Individual Estate —Principles of Ranking.— 2_Paton_437
Ranking — Cautioner — Relief — Correi Debendi. — 3_Paton_350
Ranking and Sale — Valuation of the Estate. — 3_Paton_528
Ranking and Sale.—Lien. 4_Bell_361
Ratification —Reduction —Facility —Marriage Contract —Father's Powers —Provisions to Children —Second Marriage.— 2_Paton_91
Real or Personal —Provisions to Wife and Children.— 2_Paton_572
Real and Personal. — Robertson_355
Real and Personal. — Robertson_372
Real Burden — Poinding of the Ground — Ameliorations. — 2_Shaw_162
Real Burden, or Personal Right — Trust-Right. — 3_Paton_417
Real Security — Statutes 1621, c. 18, et 1696, c. 5 — Conjunct and Confident — Delivery op Deed. — 4_Paton_475
Recall of Sequestration. — 5_Paton_673
Recompense — Legacy. — 1_Shaw_164
Recompense — Partnership — Mutual Contract. — 2_WS_25
Recompense — Quantum Meruit — Chamberlain and Factor. — 4_Paton_565
Recording Entails.— 2_Paton_97
Reduction —Error in Essentials of Agreement —Lifkrenter's Powers and Liabilities —Bona Fide Consumption.— 2_Paton_84
Reduction —Transaction —Res Judicata —Representation —Prescription.— 2_Paton_61
Reduction — Decree Arbitral — Relevancy. — 6_Paton_108
Reduction — Execution of Deed — Incapacity. — 5_Paton_547
Reduction — Facility — Writ. — 2_WS_648
Reduction — Facility, Fraud and Circumvention. — 6_Paton_318
Reduction — Force and Fear. — 6_Paton_759
Reduction Improbation. — Union. — Robertson_525
Reduction Improbation. — Robertson_459
Reduction of Deed — Erasure. — 6_Paton_615
Reduction of Deed — Mental Incapacity. — 3_Paton_521
Reduction of Deed — Proof — Admissibility of Witness — Agency — Penuria testium. — 6_Paton_181
Reduction of Deed — Title to Sue — Fraud and Incapacity — Proof. — 6_Paton_715
Reduction of Deeds — Fraud and Incapacity. — 3_Paton_683
Reduction of Deeds — Incapacity — Fraud — Proof — Instrumentary Witnesses, Admissibility of — Disqualification from Interest — Execution of Deed. — 5_Paton_278
Reduction of Deeds — Insanity — Relevancy — Interest to Sue. — 5_Paton_176
Reduction of Sale — Facility, Fraud, and Circumvention — Bona fide Purchaser. — 4_Paton_37
Reduction of Sale of Estate — Interest upon Rents — Deductions for Improvements — Expenses — Damages — Mala Fide Possessor. — 3_Paton_579
Reduction of Service — Propinquity. — 5_Paton_60
Reduction of Service on the Head of Illegitimacy — Marriage — Constitution. — 4_Paton_77
Reduction of Will — Fraud and Circumvention — Damages for Wrongous Imprisonment. — 3_Paton_478
Relief — Assignation — Bankruptcy of Company. — 6_Paton_207
Relief — Heir and Executor — Clause — Legacy. — 1_WS_672
Relief — Pactum Illicilum. — 1_WS_232
Remit — Amended Record. — 3_Macqueen_691
Removing — Title to Sue — Infeftment — Clause of Barony, and Clause of Dispensation — Summons — Citation. — 4_Paton_443
Renunciation —Donation inter virum et uxorem —Revocation.— 2_Paton_425
REPAIRING AND REBUILDING ofCHURCHES. 4_Dow_279
Reparation — Agent and Client. — 2_WS_563
Reparation — Agent and Client. — 4_WS_177
Reparation — Assythment. — 1_Shaw_20
Reparation — Collision of Ships. — 2_Shaw_395
Reparation — Damages. — 1_WS_131
Reparation — Implied Obligation — Master and Servant. — 1_WS_1
Reparation — Jurisdiction. — 4_WS_102
Reparation — Relief — Personal Obligation. — 7_WS_483
Reparation — Road Trustees — Public Officer. — MacRob_911
Reparation — Superior and Vassal. — 4_WS_1
Reparation — Trustee — 1_Shaw_48
Reparation. — 6_WS_566
Reparation. — 7_WS_343
Reparation. — 7_WS_545
Repetition — 4_WS_398
Representation. — Robertson_192
Representation.— Robertson_221
Res Judicata.— 1_Paton_284
Res inter alios. — 3_Macqueen_65
Res Judicata — Entail. — 6_WS_586
Res Judicata — Fishing. — 7_WS_306
Res Judicata — Prescription — Tailzie. — 1_Shaw_265
Res Judicata — 2_WS_451
Res Judicata. — Locality. —Common Agent. — 5_Bell_69
Res Judicata. — 4_WS_142
Res Judicata. — 3_Bell_34
Res judicata. — 3_Macqueen_757
Retention — Lien — Execution pending Appeal. — 2_Shaw_188
Retour — Freehold Qualification — Valuation of Lands. — 4_Paton_554
Retrospective Legislation. — 1_Macqueen_736
Revocation —Entail.— 2_Paton_618
Revocation. — Trust. — 5_Bell_379
Rigging the Market — Fraudulent Representation. — 2_Macqueen_103
Right of Fishing.— 2_Paton_78
Right of Patronage.— 2_Paton_218
Right of Property —Possession —Part and Pertinent —Accession.— 2_Paton_583
Right in Security — Heir and Executor. — 2_WS_214
Right in Security — Husband and Wife. — 1_SM_374
Right of Fowling — Immemorial Possession — Servitude. — 6_Paton_444a
Right of Voting. — 3_Paton_77
RIGHT TO SUITIN EQUITY NOT SALE ABLE UNDER FL. FA. — DELAY. — MORTGAGE. 4_Dow_230
Riot — Damages — Magistrates of Burgh. — 6_Paton_678
Road — Power of Trustees in Shutting up Road — Acquiescence. — 6_Paton_281
Road Trustees — Liability for Sums Borrowed — Relief. — 6_Paton_243
ROAD TRUSTEES. — PERSONAL LIABILITY. 4_Dow_341
Road. — 3_SM_285
Royal Palace — Poinding. — 2_WS_1
Sale Absolute or Qualified —Insurance —Insurable Interest.— 2_Paton_492
Sale of Lands —Wadset —Decree of Sale.— 2_Paton_541
Sale of Succession —Agreement —Obligation —Discharge —Novation.— 2_Paton_549
Sale —Absolute Right or Right in Security.— 2_Paton_227
Sale —Bill of Lading.— 2_Paton_251
Sale —Copartnery —Liability.— 2_Paton_575
Sale —Exceptionable Title.— 2_Paton_326
Sale —Insolvency —Arrestinq Creditors.— 2_Paton_399
Sale —Locus Penitentiæ.— 2_Paton_300
Sale —Security for Price.— 2_Paton_22
Sale.— 2_Paton_215
Sale — Acquiescence. 6_WS_1
Sale — Articles of Roup — Conditions — Warrandice. — 6_Paton_265
Sale — Bankruptcy. — 3_Paton_47
Sale — Damages for Non-Folfilment. — 3_Paton_320
Sale — Damages for Non-Implement. 5_Paton_703a
Sale — Delivery — Risk. — 6_Paton_289
Sale — Entail — Land-tax — Fraud. — 3_WS_60
Sale — Expenses. — 5_WS_712
Sale — Implied Warranty — The Goods must be pit for the purpose for which they are Bought. — 4_Paton_144
Sale — Joint Adventure — Liability. — 5_Paton_191
Sale — Latent Burden. — 1_Shaw_455
Sale — Lien — Mercantile Agent. — 1_Shaw_389
Sale — Market Price — Misrepsentation — Compensation. — 6_Paton_24
Sale — Offer and Acceptance — Conditional. — 4_Paton_131
Sale — Payment of Price — Compensation. 5_Paton_703
Sale — Stoppage in Transitu — Vendor and Purchaser. — 6_Bell_340
Sale — Stopping in Transitu — Constructive or Actual Delivery. — 5_Paton_291
Sale — Title — Incumbrances — Price. — 3_Paton_5
Sale — 4_WS_322
Sale by Sample in Open Market — Landlord's Hypothec. — 3_Paton_490
Sale of an Office — Pactum Illicitum. — 4_Paton_286
Sale of Goods — Factor or Agent — Foreign Merchant. — 4_Paton_265
Sale of Growing Wood — Delivery — Relief and Damages. — 6_Paton_332
Sale of Horse — Blemish — Repetition of Price — Warranty Express. — 6_Paton_312
Sale of Land — Boundaries — Plan — Parole. — 5_Paton_104
Sale. — Husband and Wife. — 2_WS_522
Sale. — Vendor and Purchaser. — 4_Bell_268
Sale. — Robertson_139
Sale. — Robertson_601
Sale. — 1_Shaw_134
Sale. — 1_WS_4
Sale. — 5_WS_269
Sale. — 6_WS_188
Sale. — 2_SM_494
Sale. — 1_Bell_316
Sale. — 6_Bell_195
Salmon — Fishing — Grant — Drawing Nets On Bank. — 1_Paton_645
Salmon Fishing —Act 1696 —Jurisdiction.— 2_Paton_358
Salmon Fishing —Right.— 2_Paton_19
Salmon Fisheries in the River Findhorn. — 6_Paton_769
Salmon Fishing — Cruives — Prescriptive Possession. — 4_Paton_274
Salmon Fishing — Dam Dyke — Immemorial Possession — Res Judicata. — 4_Paton_337
Salmon Fishing — New Mode of Fishing. — 4_Paton_561
Salmon Fishing — Property. — 1_WS_583
Salmon Fishing — Right “cum Piscationibus” — Possession. — 6_Paton_102
Salmon Fishing — Stake Nets — Res Judicata — Interdict. — 4_Paton_671
Salmon Fishing — Statutes 1424, c. 11, &c. — Stake Nets — Evidence. — MacRob_977
Salmon Fishing — Stent Nets Illegal — Immemorial Usage. — 4_Paton_221
Salmon Fishing — Title to Pursue. — 3_WS_261
Salmon Fishing .— 3_Bell_315
Salmon Fishing in the Forth — Act 1698. — 6_Paton_774
Salmon Fishings — Yairs — Stake Nets. — 6_Paton_163
Salmon Fishings. — 6_Paton_775
Salmon-fishing — Property. — 6_WS_31
Salmon-Fishing — Stake-Nets — Statute 1563, c. 68. — Res Judicata. — 2_Shaw_299
Salmon-Fishing. — 7_Bell_248
Salmon-Fishings around the Sea-Coast of Scotland — Right of the Crown—Its Character, and its Extent. — 3_Macqueen_419
Sasine — Dispensation Clause — Title — Qualification. — 3_Paton_199
Sasine — Member of Parliament — Freehold Qualification. — 2_WS_637
Sasine — Writ — Vitiation. — 1_Rob_173
Sasine. — Right in Security. — 4_WS_379
Sasine. — Writ. 5_WS_553
Schoolmaster — Trust. — 2_Rob_286
Schoolmaster. — Master and Servant. — 6_Bell_112
Schoolmaster. — 1_Rob_16
Scotch Poor Law Act, 8 & 9 Vict. chap. 83. — Assessment of Railway Company. — Stations. — 2_Macqueen_331
Scotch Railway Clauses Consolidation Act. — Statutory Tribunal. — 3_Macqueen_833
Semble — 1_Macqueen_451
Semble — 1_Macqueen_513
Semble — 1_Macqueen_535
Semble — 1_Macqueen_668
Semble — 1_Macqueen_682
Separate Aliment.— 2_Paton_184
Separation and Aliment — Cruelty. — 6_Paton_687
Septennial Prescription — Obligation of Relief — Error in Fact and Law. — 5_Paton_155
Sequestration — Factor — Society. — 6_WS_229
Sequestration. — Robertson_105
Sequestration. — 6_WS_40
Service —Entail —Sasine —Bona Fide Possession.— 2_Paton_108
Service — Clause — Marriage-Contract. — 2_Shaw_149
Service — Competition of Brieves — Entail — Clause of Destination — Devolution Clause. — 4_Paton_450
Service — Competition. — 1_WS_381
Service — Consolidation — Exhibition — Re-hearing. — 1_WS_239
Service — Entail — Teinds (Augmentation of Stipend) — Warrandice. — MacRob_53
Service — Entail. — 5_WS_32
Service — Propinquity. — 6_Paton_444
Service of heirs. — Robertson_493
Service of Heirs. — 2_Rob_446
Service. — 1_Shaw_459a
Service. — 4_WS_128
Service. — 5_WS_84
Service. — 7_WS_535
Servitude of Aquæductus —Part and Pertinent —Possession.— 2_Paton_134
Servitude of Mineral Well —Possessory Judgment.— 2_Paton_579
Servitude —Thirlage.— 2_Paton_332
Servitude of Common Property, or of Common — Prescriptive Possession. — 4_Paton_515
Servitude of Footpath — Encroachment on it. — 4_Paton_269
Servitude of Peat — Servitude of Road. — 3_Paton_564
Servitude of Road — Prescriptive Possession — Condescendence. — 5_Paton_720
Servitude of Road — Prescriptive Use and Possession — Dereliction. — 5_Paton_299
Servitude of Sea-Ware — Immemorial Usage — Prescriptive Title. — 4_Paton_237
Servitude. — 6_WS_64
Servitude. — 6_Bell_427
Servitude. 1_SM_77
Servitude: Evidence of User. — 2_Macqueen_76
Servitudes —OF Bleaching —Of Foot Road —Of Taking Water —Prescription —Use and Possession.— 2_Paton_554
Settlements — Execution of Settlements by Notaries — Solemnities Requisite — Incompetent Witness. — 3_Paton_365
Sexennial Prescription — Interruption — Foreign Administrators. — Forum. — 3_Paton_503
Ship— Registry Acts.— 3_SM_230
Shipmaster — Charter-Party — Implied Insurance. — 1_Shaw_83
Slander — Reparation — Public Officer — Process. — 1_Shaw_179
Slander — Reparation. — 2_Shaw_245
Slat. 1633, c. 21. — Grass Glebe. — 1_Shaw_249
Small Debt Act. — Jurisdiction. — 6_Bell_214
Society — Clause. — 6_WS_160
Society — 2_WS_153
Society—Process.— 1_Shaw_220
Society. — Robertson_8
Society. — Robertson_249
Society.— 2_WS_143
Society-Trust. — 6_Bell_317
Solicitor and Client. — Damages. — 4_Bell_46
Solicitor and Client. — Lien for Costs. — 2_Macqueen_435
Solidum et pro rata. — Robertson_465
South Sea Company. — Act 7 Geo. 1. St. 2. — Robertson_577
Special Service — Heir of Line, or Heir of Provision — Limited or Unlimited Title — Falsa Demonstratio — Prescription. — 5_Paton_482
Spuilzie. — Art and Part. — Robertson_431
Stamp — Settled Account — Cautioner. — 2_SM_67
Stamp Act — Bill. — 7_WS_176
Stat. 10 Geo. III. c. 51. — Entail.— Expenses.— 2_WS_429
Stat. 54. Geo. III. c. 137. — Bankrupt — Sequestration. — 1_Shaw_254
Statute —Impost Duty —Evasion.— 2_Paton_615
Statute — Clause. — 5_WS_234
Statute — Privilege. — 2_WS_644
Statute 25 Geo. III. c. 28.— 2_WS_588
Statute 5 & 6 W. 4. c. 76. s. 71. (Construction of) — Charity. — MacRob_837
Statute. — Railway. — 1_Bell_347
Statute. — 1_Bell_252
Statute. — 5_Bell_14
Statute. — 6_Bell_1
Statutes 8 Geo. 3. c. 63., and other Statutes, to 1 Geo. 4. c. 48. Forth and Clyde Navigation Acts), Construction of. — 1_Rob_30
Statutes enabling, but not compulsory. — 3_Macqueen_382
Statutes. — Local Railway Acts. — 5_Bell_184
Stipend —Augmentation —Res Judicata —Appellate Jurisdiction of the House of Lords.— 2_Paton_621
Submission — Arbiters — Powers to Prorogate — Oversman. — 4_Paton_655
Submission — Award — Scottish General Railway Acts(a). — 3_Macqueen_808
Submission — Decree Arbitral — Sale of Goods — Quality. 5_Paton_704
Submission. — 1_WS_143
Submission. — 1_WS_194
Submission. — 2_WS_344
Substitute and Conditional Institute.—Clause.— 1_Paton_343
Succession —Adjudications —Destination —Heirs Whatsoever —Confusio.— 2_Paton_122
Succession —Deed —Implied Revocation.— 2_Paton_189
Succession —Heirs.— 2_Paton_243
Succession —Substitute —Rights of Do.— 2_Paton_252
Succession. —Heritage. —Conquest.— 1_Paton_271
Succession. —Tutor andCurator. —Minor.— 1_Paton_200
Succession — Collation. 1_SM_463
Succession — Destination — Dispositive Clause and Clause of Resignation — Heirs Male — Res Judicata. — 4_Paton_346
Succession — Fiar — Infeftment — Dispensation Clause — Prescription. — 3_Paton_101
Succession — Foreign — Lex Domicilii. — 3_Paton_163
Succession — Gift. — 3_Paton_150
Succession — Heirs Primarily Liable — Relief among Heirs — Heirs whatsoever, how Interpreted? — 3_Paton_66
Succession — Propinquity — Service — Parole — Habit and Repute. — 5_Paton_239
Succession — Substitution or Conditional Institution. — 3_Paton_210
Succession Duty under the 16 & 17 Vict. c. 51. — 3_Macqueen_659
Succession to Adjudications — Interest — Heritable or Moveable. — 3_Paton_64
Superior and Vassal —Holding Prescription.— 2_Paton_482
Superior and Vassal. —Forfeiture. —Recognition. —Personal objection. —Act 1. Geo. I. c. 20.—Act 1. Geo. I. c. 50.—Act 5. Geo. I. c. 20.— 1_Paton_351
Superior and vassal. —Non-entry.— 1_Paton_404
Superior and Vassal — Clause — Consuetude. — 4_WS_98
Superior and Vassal — Clause. — 1_Shaw_225
Superior and Vassal — Clause. — 1_WS_690
Superior and Vassal — Feu Rights — Grazings. — 6_Paton_104
Superior and Vassal — Multiplication of Superiors. — 6_Paton_805
Superior and Vassal — Multiplication of Superiors. — 6_Paton_410
Superior and Vassal — Non-Entry — Penalties. — 6_Paton_747
Superior and Vassal — Retention of Feu-Duties — Damage in Working Coal. — 3_Paton_238
Superior and Vassal — Right to the Coal — Pertinent — Prescriptive Possession. — 3_Paton_483
Superior and Vassal — Servitude. — 2_WS_293
Superior and Vassal — Sub-Feus — Composition on Entry. 6_Paton_640
Superior and Vassal — Warrandice — Damages — Penal Action. — 4_Paton_510
Superior and Vassal. — Act of Parliament 1469, c. 36. — Robertson_172
Superior and Vassal. — Clause of Pre-emption — Real or Personal. — 4_Paton_331
Superior and Vassal. — Non-Entry. — Tailzie — Found 3_Bell_128
Superior and Vassal. — Trust. — 2_WS_334
Superior and Vassal. — 3_Paton_674
Superior and Vassal. — 2_Bell_129
Tack—kindly tenant— 1_Paton_77
Tack. —Teinds.— 1_Paton_305
Tack — Clause. — 1_WS_68
Tack — Clause. — 2_WS_115
Tack — Clause. — 3_WS_1
Tack — Coal — Reparation.—Stat. 59 Geo. III. 35.— 2_WS_354
Tack — Part and Pertinent. — 1_Rob_154
Tack. — Lease. — 6_Bell_125
Taillie — Service of Heirs — Prescription. — 1_WS_410
Taillie. — 7_Bell_132
Tailzie.— 1_Paton_98
Tailzie.— 1_Paton_143
Tailzie.—Act 1685, c. 22.— 1_Paton_113
Tailzie — 1_Paton_126
Tailzie,—Act 1685, c. 22.— 1_Paton_281
Tailzie,—Irritancy.— 1_Paton_316
tailzie. — 1_Paton_53
Tailzie. —Act 1685, c. 22.— 1_Paton_233
Tailzie. —Act 1685, c. 22.— 1_Paton_302
Tailzie. —Clause.— 1_Paton_192
Tailzie. —Clause.— 1_Paton_324
Tailzie. —Condition. —Provision to Heirs and Children.— 1_Paton_381
Tailzie. —Forfeiture. —Act 7Annæ, c. 21.— 1_Paton_508
Tailzie. —Provision to Heirs and Children. —Clause.— 1_Paton_372
Tailzie. —Reparation. — 1_Paton_32
Tailzie.— 1_Paton_156
Tailzie.— 1_Paton_237
Tailzie.— 1_Paton_459
Tailzie.—Title to pursue.— 1_Paton_167
Tailzie — Bona Fides. — 1_WS_41
Tailzie — Clause — Feuing — Alienation — Alteration of the Order of Succession. — 5_Paton_768
Tailzie — Clause, Provision to Daughters — Obligation — “Heirs Female.” — 6_Paton_681
Tailzie — Decision — 5_WS_359
Tailzie — Irritancy — Investiture. — 1_Rob_434
Tailzie — Long Lease — Alienation. — 5_Paton_758
Tailzie — Personal Objection — Process — Appeal. — 1_Shaw_169
Tailzie — Resolutive Clause. — 4_Bell_22
Tailzie — Service — Passive Title. — 6_Paton_155
Tailzie — Stat. 1685. — 5_WS_315
Tailzie — Titles. — 2_Bell_195
Tailzie — Trust — Title to pursue — Statute — Death-bed. — 5_WS_170
Tailzie .— 3_Bell_295
Tailzie Titles. — 1_Bell_129
Tailzie. — Destination. — 1_Bell_202
Tailzie. — Irritant Clause. — 4_Bell_149
Tailzie. — Part and Pertinent. — 5_Bell_82
Tailzie. — Real and Personal. — 1_Bell_386
Tailzie. — Reparation. — 2_WS_265
Tailzie. — Robertson_203
Tailzie. — Robertson_226
Tailzie. — 1_Shaw_24
Tailzie. — 1_Bell_368
Tailzie. — 1_Bell_819
Tailzie. — 2_Bell_104
Tailzie. — 2_Bell_149
Tailzie. — 2_Bell_242
Tailzie. — 3_Bell_100
Tailzie. — 3_Bell_254
Tailzie. — 3_Bell_342
Tailzie. — 3_Bell_87
Tailzie. — 4_Bell_248
Tailzie. — 5_Bell_165
Tailzie. — 6_Bell_136
Tailzie. — 6_Bell_7
Tailzie. — 7_Bell_32
Tailzie. — 7_Bell_65
Tailzie.— Faculty.— Prescription.— 2_WS_369
Tailzie.— Robertson_110
Teind Fish —Duty —Parole —Usage.— 2_Paton_559
Teind Court. — Robertson_96
Teind Court.— Robertson_65
Teinds —Old Valuations Unratified.— 2_Paton_15
Bona Fide Consumption.— 1_Paton_90
Teinds — Allocation — Relief — Stat. 1690, c. 23. — 1_Shaw_485
Teinds — Entail — Warrandice. 1_SM_65
Teinds — Title to Pursue — Process. — 1_WS_295
Teinds — Valuation. — 2_SM_968
Teinds — Warrandice against future Augmentations — Relief. — 6_Paton_6
Teinds, Old Subvaluation of — Action of Approbation. — 5_Paton_244
Teinds. — 7_WS_68
Teinds. — 2_SM_586
Teird Court, Minister's Stipend. — Robertson_88
Temporary Jurisdiction in the Commissioners for the Forfeited Estates. — Robertson_507
Temporary Jurisdiction in the Commissioners of Forfeitures. — Robertson_531
Tenor. — Robertson_187
Tenor. — Robertson_211
Testament — Clause — Minor. — 6_WS_501
Testament — Condition — Provisions to Wives and Children — Parent and Child — Legitim. — 6_WS_431
Testament — Conditional Institution or Substitution — Moveables — Heritable Destinatione. — 6_Paton_31
Testament — Legacy — Proof. — 5_WS_785
Testament — Legacy — Trust. — Held 6_WS_533
Testament — Residuary Legatee — Annuitant — Competition. — Terms of a trust settlement, where — 2_Rob_217
Testament — Substitute and Conditional Institute. — 6_WS_406
Testament — Succession — Trust. — 7_WS_1
Testament — Trust — Clause. — 6_WS_381
Testament — Trust — Clause. — 2_SM_333
Testament — Trust — Fee and Liferent — Condition. — 2_SM_305
Testament — Trust — Homologation. — 3_WS_329
Testament — Trust. — 2_SM_866
Testament—Trust—Implied Will—Mortification.— 2_WS_80
Testament. — Robertson_26
Testament. — 1_Shaw_65
Thirlage. — 6_WS_98
TITHES — MODUS. — RANKNESS. — ISSUE. — EVIDENCE. — NEW TRIAL. 4_Dow_297
Title to Pursue. — 1_Paton_39
Title to Exclude — Prescription. — 6_Paton_116
Title to pursue — Corporation — Writers to the Signet. — 1_WS_538
Title to Pursue — Death-bed — Process. — 4_WS_391
Title to pursue — Fishing. — 5_WS_57
Title to Pursue — Guarantee —Fraud. — 2_Shaw_97
Title to pursue — Jus Tertii — Salmon Fishing — Process. 5_WS_422
Title to Pursue — Lease — Assignation in Security. — 3_WS_75
Title to Pursue — Partnership — Compensation — Process — Appeal. — 3_WS_472
Title to pursue — Practice — Process — (Amendment of the Libel.) — 1_Rob_246
Title to Pursue — Process. — 3_WS_365
Title to pursue — Statute 1821 (Glasgow Police). — MacRob_847
Title to pursue — Statute 1821 (Glasgow Police). — MacRob_868
Title to Pursue — Writ — Slat. 1597, c.185. — 1_Shaw_498
Title to Pursue. — 1_Shaw_35
Title to Pursue. — 7_WS_397
Title to Pursue.— 2_WS_583
Title to Pursue.— 3_WS_352
Title to Sue — Crown. — 6_Bell_487
Title to Sue — Proof — Witness — Re-examination. — 6_Paton_763
Titles — Tailzie. — 2_Bell_214
Town Dues — Jurisdiction — Charters — Usage. — 5_Paton_313
TRADERS AND MANUFACTURERS IN NEW TOWN OF EDINBURGH EXEMPTED FROM PAYMENT OF ENTRY MONEY TO THE MAGISTRATES. 4_Dow_290
Transmission of Redress, and Responsibility, in cases of Fraud. — 3_Macqueen_783
Treason. — Obligations granted in Prison before Trial. — Robertson_518
Triennial Prescription. — 7_WS_19
Trust. —Jus Tertii.— 1_Paton_447
Trust — Act 1696 — Parole Proof. — 3_Paton_610
Trust — Bankrupt — Sequestration — Heritable Bond — 1_SM_767
Trust — Clause — Succession. — 3_WS_47
Trust — Clause. — 1_WS_72
Trust — Contract — Burgh. — MacRob_530
Trust — Corporation — Burgh Royal — 6_Bell_509
Trust — Factor and Trustees — Powers — Acquiescence from Lapse of Time — Penalties in an Adjudication. — 4_Paton_4
Trust — Fee or Spes Successions. — 1_WS_80
Trust — Fraud. — MacRob_171
Trust — Mutual Contract. — 1_Shaw_159
Trust — Personal Objection. — 2_SM_355
Trust — Proof — Parole. — Act 1696, c. 25. — 5_Paton_286
Trust — Revocation — Foreign. — 7_WS_106
Trust — Right in Security — Competition. — 7_WS_380
Trust — Road Trustees — Powers to Borrow Money — Relief. — 4_Paton_401
Trust — Sale — Title — Trustees — Quorum — Sine qua non. — 5_Paton_226
Trust — Testament — 2_WS_614
Trust — Title to Pursue. — 4_WS_48
Trust Deed — Delivery — Simulate — Reduction of Deed in fraudem creditorum. — 3_Paton_571
Trust Settlement — Residue — Construction of Clause. — 6_Paton_270
Trust Uses — Act of Parliament — Execution of the Trust. — 6_Paton_697
Trust Uses — Mortification — Minister's Stipend — Immemorial Usage — Res Judicata. — 5_Paton_144
Trust. — Damages. — 5_Bell_37
Trust. — Forfeiture for Treason. — Robertson_341
Trust. — Oath of Party. — Robertson_287
Trust. — Robertson_234
Trust. — Robertson_435
Trust. — Robertson_457
Trust. — 2_WS_414
Trust. — 4_WS_148
Trust. — 6_WS_114
Trust. — 1_Bell_428
Trust. — 1_Bell_574
Trust.— 2_Rob_384
Trustee — Bankrupt — Sequestration — Appeal. — 2_Shaw_349
Trustee. — 4_Bell_221
Trustees for Creditors — Liability for Neglect — Factor — Relief. — 6_Paton_186
TRUSTEES, TUTORS, CURATORS — HOW TO ACCOUNT. 4_Dow_109
Tutor and Curator — Discharge. — 3_WS_481
Tutor and Pupil. — Robertson_134
Tutors and Curators — Liability — Inventory. — 3_Paton_283
Tutory —Inventory —Discharge.— 2_Paton_291
Two Conjunct Principal Clerks of the Bills appointed a Deputy to discharge the Duties of the Office— 2_Paton_205
Union —Dispensing Clause —Infeftment.— 2_Paton_138
Use of a Stream or Burn — Nuisance — Servitude. — 3_Paton_403
Usury — Act of 12 Queen Anne, c. 16. — Act 31 Elizabeth, c. 5. —(1.) 4_Paton_303
Usury — South Sea Company. — Robertson_471
Usury. — 4_WS_9
Valuation — Proof. — 1_Shaw_5
Valued or Open Policy —Proof —Bill of Lading —Interest.— 2_Paton_297
Veritas Convich — Relevancy of Do. — Defamation. — 3_Paton_26
Vesting of Legacies.— 2_Paton_290
Vicennial Prescription — Service — Stat. 1494, c. 57.; Stat. 1617, c. 13. — 1_Rob_82
Vis et metus. — Robertson_387
Vitiation in Substantialibus — Decree of sale. — 6_Paton_441
Vitiation. — Robertson_539
Wadset —Prescription —Interruption.— 2_Paton_266
Wadset. —Right in security.— 1_Paton_260
Wadset.— 1_Paton_583
Wagers — Sponsiones Ludicræ. — 3_Paton_107
Waif and Stray — Price of an Ox — Competency of Action before the Court of Session. — 3_Paton_649
Warrandice — Reparation — Lis Alibi. — 2_Shaw_63
Warrandice — Reparation. — 2_Shaw_80
Warrandice — Teinds — Entail. — 6_WS_526
Warrandice. — Obligation. — Real and Personal. — 5_Bell_353
Widow's Terce — Jus Relictæ — Heritable or Moveable. — 3_Paton_621
Will —Intention.— 2_Paton_603
Will — Condition Contra Libertatem Matrimonii — Domicile. — 3_Paton_448
Will — Construction. — 3_Macqueen_134
Will — Heritable Bonds — Heritable or Moveable. — 4_Paton_63
Witness.—Exhibition.—Advocate.— 1_Paton_441
Witness — Writ. — 2_WS_166
Witness. — Competency of. — Evidence. — Objection to Witness: — 6_Bell_89
Wreck — Reparation — Expenses — Interest. — 1_WS_22
writ. — 1_Paton_51
Writ — Foreign — Trust.— 5_WS_61
Writ — Rei interventus — Cautioner. — 3_SM_127
Writ — Stat. 1540, c. 117. — Stat. 1579, c. 80. — 1_Rob_66
Writ — Testing Clause — 1681, c. 5. — 1_WS_140
Writ — Testing Clause — Statute 1681, c. 5. and 1696, c. 15— 2_Shaw_265
Writ — Vitiation — Erasure — Settlement. — 1_Rob_189
Writ — Vitiation. — 1_Rob_183
Writ. — Robertson_364
Writ. — Robertson_488
Writ. — 6_Bell_153
Wrongous Imprisonment — Fugæ Warrant. — 3_Paton_219