Morrison v. School Board of St Andrews [1917] ScotLR 109 (13 November 1917)

Morrison v. School Board of St Andrews [1917] ScotLR 109 (13 November 1917)

The majority held that the School Board possessed the property and received its rents under a colourable statutory title and in good faith, believing themselves to be beneficial owners. The doctrine of bona fide perception and consumption applied, and the Board was not accountable for the rents received and applied during their possession. There was no relevant averment of mala fides, and the Board's belief was reasonable given the statutory context and the absence of challenge by the heirs for many years.

Citation
[1917] ScotLR 109
Parties
Pursuer: Alexander Morrison; Defender: School Board of the Burgh of St Andrews
Jurisdiction
Scotland
Judgment Date
13 November 1917
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; Lord Ordinary's interlocutor adhered to (majority); Lord Salvesen dissenting.
Legal Topics
Bona Fide Perception and Consumption, Constructive Trusts, Restitution of Trust Property, Statutory Vesting of Property, Breach of Trust
Trusts and Estates Charity Law Education Law Bona Fide Perception and Consumption Constructive Trusts Restitution of Trust Property Statutory Vesting of Property Breach of Trust

Case Brief

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Parties

Alexander Morrison

Pursuer

School Board of the Burgh of St Andrews

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the School Board, having received and applied rents from trust property in good faith, is accountable to the heirs of the truster after the trust purposes failed and the property vested in the heirs.
  2. 2 Whether the doctrine of bona fide perception and consumption applies to the School Board's receipt and use of rents under a colourable statutory title.

Ratio Decidendi

The majority held that the School Board possessed the property and received its rents under a colourable statutory title and in good faith, believing themselves to be beneficial owners. The doctrine of bona fide perception and consumption applied, and the Board was not accountable for the rents received and applied during their possession. There was no relevant averment of mala fides, and the Board's belief was reasonable given the statutory context and the absence of challenge by the heirs for many years.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor adhered to (majority); Lord Salvesen dissenting.

Orders

  • Defenders assoilzied (absolved) from the conclusions of the summons; no accounting for rents required.