Hamilton v Littlejohn
| Jurisdiction | Scotland |
| Judgment Date | 17 March 1836 |
| Date | 17 March 1836 |
| Court | Court of Session |
English Reports Citation: 7 E.R. 8
FROM THE COURT OF SESSION.
Mews' Dig. i. 353. See Sherburne v. Middleton, 1842, 9 Cl. and F. 72, and cases collected in Denison and Scott's House of Lords Practice, p. 142; and now West Ham (Guardians of) v. St. Matthew Bethnal green (1896), A.C. 477.
[20] APPEAL from the court op session. HAMILTON v. LITTLEJOHN [March 17, 1836]. [Mews' Dig. i. 353. See Sherb-urne v. Middleton, 1842, 9 Cl. and F. 72, and cases collected in Denison and Scott's House of Lords Appeal Practice, p. 142; and now West Ham (Guardians of) v. St. Matthew Bethndh Green (1896), A.C. 477.] Where a Respondent did not appear to support a judgment of the Court below, this House reversed such judgment, but did not give the Appellant the costs oi the appeal. Qu. ? Whether such costs might not be given in a case where there was ground to impute fraud on the part of the Respondent. In this case there had been an appeal to' thisi House against a decree of the Lord Ordinary, affirmed by the Court of Session, under the following circumstances: - The Appellant, who was a Writer to the Signet in Scotland, had in the year 1810 purchased an estate called Kames, had paid part of the purchase-money, and had charged the payment of the remainder as a burden upon the estate. The Respondent became by assignment entitled to- a portion of the unpaid purchase-money. In the year 1815 the Appellant became embarrassed and called his creditors together, and executed a deed of trust to secure them payment of their claims. The objects of this trust-deed were expressly declared to be,-1st, For payment of the expense of management: 2ndly, For payment of a preferable annuity to Hamilton during his life: 3dly, For payment of the creditors, according to their respective [21] rights and preferences. And there was a special stipulation to the following effect:-" That although the trustee shall resign, or shall die, yet the trust shall noways cease or become void, but the trust-right, and the infeftment to be taken in virtue thereof, and all that may follow thereon, shall stand and subsist as a security to the whole just and lawful creditors preceding this date, as well those that may herein be omitted as those that are herein stated." In like manner, in the event of the resignation or death of the trustee, provision was made for the appointment of a new trustee by the creditors in his stead. A deed, called in Scotland " a deed of accession," or...
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Chapter 212, HB 409 – An act relating to criminal sentencing; amending s. 775.0823, F.S.; providing that adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld for an attempted felony murder committed against a law enforcement officer, correctional officer, state attorney, assistant state...
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