History of the earldoms of Strathern, Monteith, and Airth
(195) Page 167
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STRATHERN, MONTEITH, AND AIRTH. 167
Mr. Knight Bruce. — " Lord Eldon thus ex- Proceedings
N -i»/r-riT '^^ '■'"^ House
presses himself (p. 8.): — ' My Lords, 1 am as of Lords.
little a friend, upon principle, as any body can be, ' " ^'
to the notion of construing the meaning of one Knight Bruce.
deed by ascertaining what is the meaning of an-
other, more especially if the purpose of the
latter deed be to alter the effect of the former ;
but still it is necessary to state to your Lord-
ships the history of the titles, for two reasons :
First, because I do apprehend it is perfectly
competent to every Court of Justice, when it is
construing an instrument, to look at other instru-
ments, with a view to determine what is the
language and style, and what is the phrase of
the law, or of those who are conversant with the
law.'
" There are not many passages with which it
will be necessary to trouble your lordships. At
page 48. Lord Eldon thus expresses himself: —
' If you shall be disposed to adopt that rea-
soning, we come next to consider who is that
heir ? or who are those heirs of tailzie, that are
mentioned in this clause of destination ? and it
becomes necessary for me here to read that
clause once more to your Lordships. But, be-
fore T do so, I wish, if your Lordships would
permit me, to request you always to recollect,
that when you are construing such a clause as
this, you are applying yourselves to the deter-
mination of a question which may depend upon
M 4
Mr. Knight Bruce. — " Lord Eldon thus ex- Proceedings
N -i»/r-riT '^^ '■'"^ House
presses himself (p. 8.): — ' My Lords, 1 am as of Lords.
little a friend, upon principle, as any body can be, ' " ^'
to the notion of construing the meaning of one Knight Bruce.
deed by ascertaining what is the meaning of an-
other, more especially if the purpose of the
latter deed be to alter the effect of the former ;
but still it is necessary to state to your Lord-
ships the history of the titles, for two reasons :
First, because I do apprehend it is perfectly
competent to every Court of Justice, when it is
construing an instrument, to look at other instru-
ments, with a view to determine what is the
language and style, and what is the phrase of
the law, or of those who are conversant with the
law.'
" There are not many passages with which it
will be necessary to trouble your lordships. At
page 48. Lord Eldon thus expresses himself: —
' If you shall be disposed to adopt that rea-
soning, we come next to consider who is that
heir ? or who are those heirs of tailzie, that are
mentioned in this clause of destination ? and it
becomes necessary for me here to read that
clause once more to your Lordships. But, be-
fore T do so, I wish, if your Lordships would
permit me, to request you always to recollect,
that when you are construing such a clause as
this, you are applying yourselves to the deter-
mination of a question which may depend upon
M 4
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Histories of Scottish families > History of the earldoms of Strathern, Monteith, and Airth > (195) Page 167 |
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Permanent URL | https://digital.nls.uk/94882182 |
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Description | A selection of almost 400 printed items relating to the history of Scottish families, mostly dating from the 19th and early 20th centuries. Includes memoirs, genealogies and clan histories, with a few produced by emigrant families. The earliest family history goes back to AD 916. |
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