Decisions of the Court of Session; From November 1825 to [20th July 1841] ... Volume 12 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 edition. Excerpt: ...' liament was erroneously recited in the summons of declarator, and ' that certain words were omitted, bearing that the accounts ap' pointed to be lodged with the Sheriff-clerk shall be subscribed by 17 Feb. 1831. ' the proprietor, while it was averred that none was subscribed in Y ' this case. The Lord Ordinary conjectured, when he heard this WacJonald."" ' last statement, that the words had been quoted from the abstract ' of the statute in the Appendix to Erskine's Institute, and he finds ' that this is precisely the fact. But while this circumstance takes ' away all probability of an intentional misquotation, he is of opi nion that the misrecital of a public statute would be no ground ' for reducing such a decree, if otherwise final, because all judges ' are bound to know the terms of it: And with regard to the re' maunder of the pursuer's plea, it appears to the Lord Ordinary, ' that although a case might be figured iu which, upon a summons plainly and directly setting forth that the whole proceedings in such a declarator had been devised and carried through from be' ginning to end as a fraud upon the statute, and upon the Court, ' competent grounds of reduction might arise, the reasons of re' ductiou, as they stand in the present summons, resolve simply in' to statements upon the merits of the evidence adduced in the pro' cess, and the nature of the improvements, for the value of which ' decree was asked, --all which things were the very matters for ' finally determining which the Legislature allowed the decree of declarator to be obtained, and declared it to be final unless ap pealed from within twelve months. If the pursuer were to be al' lowed to condescend under such a summons as this, it appears to the Lord Ordinary...