Clause. Writ. Fides Demonstratio.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Clause.” Public domain.
Legal Subject: Clause |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Chatto v. Officers of the State, and Potts | 1784 | Clause, Ultimus Haeres, Substitute and Conditional Institute | While his natural son William was abroad in Jamaica, John Duncanson of Maxpoffle executed a settlement. The settlement granted Maxpoffle to certain trustees for William’s benefit, and failing William, for the benefit of John Chatto. The settlement also provided that the trustees should denude themselves of their right to the land, in favor of William, upon his return to the country. William returned to Scotland after his father’s death, and the trustees transferred Maxpoffle to him. William later died without issue, and his wife Gallacina Potts was advised that the estate fell to the crown. She therefore applied to the Barons of Exchequer for a gift of bastardy. John Chatto intervened, laying claim to the lands by virtue of John Duncanson’s settlement; Chatto was later permitted to bring a declaratory proceeding before the Court of Session. There, Potts argued that Chatto was a conditional institute rather than a substitute, meaning that he was entitled to inherit only if William predeceased John. |
| The Right Honourable Lord Elibank and Others v. Patrick Murray | 1832 | Land, Clause, Statute | Lord Elibank and the Commissioners pursued Patrick Murray of Simprim to determine whether a 1776 entail deed prohibited Murray from selling the entailed lands. Murray answered, responding to the argument that the deed restricted his right to alienate the property. The Complainers subsequently submitted their case asserting that Murray was barred from alienating the lands under the terms of the settlement. |
