Paterson v. Brown [1912] ScotLR 252 (04 December 1912)

Paterson v. Brown [1912] ScotLR 252 (04 December 1912)

The court found that pew No. 94 was legally allocated as the family pew to the lands of Birkenshaw, and that such right remains with the estate until a new allocation. No valid assignment of sittings to the defenders was proved by writ, and the defenders' occupation was by temporary permission, not legal right. The heritor's right to the family pew is exclusive, and the defenders have no legal entitlement to any sittings therein.

Citation
[1912] ScotLR 252
Parties
Pursuer: John Paterson; Defender: Robert Brown; Defender: Albert Edward Brown
Jurisdiction
Scotland
Judgment Date
04 December 1912
Procedural Posture
Action of Declarator and Interdict / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Decree of declarator and interdict granted in favour of the pursuer; defenders found to have no right to any sittings in pew No. 94; defenders interdicted from entering or furnishing the pew before commencement of public worship; defenders found liable in expenses.
Legal Topics
Allocation of Church Pews, Heritor Rights, Family Pews, Proof by Writ, Exclusive Possession
Property Law Ecclesiastical Law Allocation of Church Pews Heritor Rights Family Pews Proof by Writ Exclusive Possession

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Parties

John Paterson

Pursuer

Robert Brown

Defender

Albert Edward Brown

Defender

Procedural Posture

Action of Declarator and Interdict / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether pew No. 94 in Bothwell parish church was allocated as a family pew to the lands of Birkenshaw
  2. 2 Whether the defenders had any legal right to sittings in pew No. 94
  3. 3 Whether assignment of sittings in a family pew can be proved other than by writ

Ratio Decidendi

The court found that pew No. 94 was legally allocated as the family pew to the lands of Birkenshaw, and that such right remains with the estate until a new allocation. No valid assignment of sittings to the defenders was proved by writ, and the defenders' occupation was by temporary permission, not legal right. The heritor's right to the family pew is exclusive, and the defenders have no legal entitlement to any sittings therein.

Court Disposition

Decree of declarator and interdict granted in favour of the pursuer; defenders found to have no right to any sittings in pew No. 94; defenders interdicted from entering or furnishing the pew before commencement of public worship; defenders found liable in expenses.

Orders

  • Find and declare that the pursuer John Paterson has right to the pew No. 94 in the area of the Parish Church of Bothwell as his family pew.
  • Declare that the defenders have no right to any sittings therein.