Considerations on the Questions of Law Involved in the Decisions of the Court of Session and House of Lords, in the Case of John Vans Agnew . Against James Stewart . & Ebenezer Drew: Volume 9

Archibald Swinton

ISBN 10: 0461575213 / ISBN 13: 9780461575217

Published by HardPress Ltd, 1822

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Bibliographic Details

• Title: Considerations on the Questions of Law Involved in the Decisions of the Court of Session and House of Lords, in the Case of John Vans Agnew . Against James Stewart . & Ebenezer Drew: Volume 9
• Publisher: HardPress Ltd
• Publication Date: 1822
• Language: English
• ISBN 10: 0461575213
• ISBN 13: 9780461575217
• Binding: Paperback / softback
• Condition: New
• Weight: 526 grams

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Synopsis

Considerations On The Questions Of Law Involved In The Decisions Of The Court Of Session And House Of Lords, In The Case Of John Vans Agnew. Against James Stewart. & Ebenezer Drew by Archibald Swinton. This historical legal treatise analyzes the principles and methods by which Scottish entails were devised and enforced to secure a family estate against the encroachments of creditors and future debts. Swinton surveys the origin of prohibitory, irritant, and resolutive clauses, traces their development through early feudal practice and the 1685 statute, and discusses key cases (the Stormont decision, the Edmonstone and Roxburghe lines, and the Callender/Court decisions) to explain how entails were made effective against third parties. He deliberates whether an entail made by the Institute against himself can bind future creditors, distinguishes between institutor and substitutes, and argues that publication and infeftment (besides registration) are essential to render the limitations operative. The work stands as a rigorous argument for the enduring relevance of common-law principles within statutory regulation of tailzies in Scotland.