Alston v. Nellfield Manure and Chemical Co., Ltd [1915] ScotLR 730 (19 June 1915)

Alston v. Nellfield Manure and Chemical Co., Ltd [1915] ScotLR 730 (19 June 1915)

The assignee of a security holder (Krall) could not validly convey the dominium utile of lands feued to a third party, as he was not the vassal under the feu-charter and had no title to do so; the disposition in security was valid for the principal sum but invalid for interest due to indeterminacy; thus, the pursuer's title as vassal under the feu-charter prevailed over the defenders' inept title.

Citation
[1915] ScotLR 730
Parties
Pursuer: Andrew Alston; Defender: Nellfield Manure and Chemical Company, Limited
Jurisdiction
Scotland
Judgment Date
19 June 1915
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; decree granted in favour of pursuer as concluded for.
Legal Topics
Bond and Disposition in Security, Feudal Conveyancing, Dominium Utile and Dominium Directum, Validity of Security for Indeterminate Sums, Approbat and Reprobat, Powers of Sale Under Security
Property Law Feudal Law Security Rights Bond and Disposition in Security Feudal Conveyancing Dominium Utile and Dominium Directum Validity of Security for Indeterminate Sums Approbat and Reprobat +1 more

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Parties

Andrew Alston

Pursuer

Nellfield Manure and Chemical Company, Limited

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a disposition in security omitting the rate and commencement of interest is valid as a real security for principal and/or interest
  2. 2 Whether an assignee of a security holder can validly convey the dominium utile of feued lands without being the vassal under the feu-charter
  3. 3 Whether the use of 'dominium utile thereof only' in a conveyance renders it ineffectual

Ratio Decidendi

The assignee of a security holder (Krall) could not validly convey the dominium utile of lands feued to a third party, as he was not the vassal under the feu-charter and had no title to do so; the disposition in security was valid for the principal sum but invalid for interest due to indeterminacy; thus, the pursuer's title as vassal under the feu-charter prevailed over the defenders' inept title.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; decree granted in favour of pursuer as concluded for.

Orders

  • Declarator that the heritable subjects belong to the pursuer in property
  • Order for defenders to cede possession and remove from the subjects