Scottish Law Review and Sheriff Court Reports Volume 9 - Softcover
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. 1893 edition. Excerpt: ... Firramw. "boat," and adds the following words, "but this shall not affect "riioSoS" "tne beneficial right or title of any number of persons, or of any juiylrTiao. "company represented by and claiming under or through any BhciurHiczAY. 'registered owner or joint owner." This is an example of very clumsy legislation, but I am inclined to think that these words were intended to have a similar effect to the words in sec. 6 of the Merchant Shipping Act of 1862, namely, to save the rights or equities (an English expression for rights recognised by Courts of Equity) of persons who had concluded contracts of sale or mortgage with registered owners, although they might not have followed the form or completed the registration required by the Act in a question with the trustee in bankruptcy of the registered owner, though I doubt whether it would do so in a question with a bond fitfe onerous purchaser or mortgagee who had completed a title by registration prior to the bankruptcy. But I have not to decide this question. The point arises here neither with a trustee in bankruptcy nor with an onerous third party, but with the registered owner himself. 1 do not think, assuming it to be proved, as I think it is, that Thomson, the registered owner, sold the boat, though not in the statutory form, that he can plead that the contract he made is null. I think, on the contrary, that he is bound by it to deliver the boat as he agreed to do, and also that he can be compelled, if necessary, as it will be for the completion of the pursuer's title, to grant a bill of sale in the form required by the Act. I concur, therefore, with the Sheriff-Substitute's conclusion, and have only gone into the case at such length because of its general importance, and because the...
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- PublisherTheClassics.us
- Publication date2013
- ISBN 10 1230272070
- ISBN 13 9781230272078
- BindingPaperback
- Number of pages328
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