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Historic Scottish Law Reports

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 pœ

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