Logie v. Reid's Trustees [1903] ScotLR 40_649 (30 May 1903)

Logie v. Reid's Trustees [1903] ScotLR 40_649 (30 May 1903)

The pursuers' titles do not confer exclusive property in the solum of the passage; at most, they have property up to the medium filum, and their averments of prescriptive possession are too vague and insufficient to displace the natural construction of the titles.

Citation
[1903] ScotLR 40_649
Parties
Pursuers: Isabella Logie and Helen Logie; Defenders: John Balfour Alexander and others, trustees under the antenuptial contract of marriage of John Reid
Jurisdiction
Scotland
Judgment Date
30 May 1903
Procedural Posture
Action of Declarator / Reclaiming Note Against Interlocutor
Outcome
Recalled interlocutor in so far as it sustained the plea of no title to sue and dismissed the action; assoilzied defenders; adhered quoad ultra to interlocutor and decerned.
Legal Topics
Boundary Disputes, Private Road, Right to Property in Solum, Prescription, Title to Sue
Property Law Boundary Disputes Private Road Right to Property in Solum Prescription Title to Sue

Case Brief

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Parties

Isabella Logie and Helen Logie

Pursuers

John Balfour Alexander and others, trustees under the antenuptial contract of marriage of John Reid

Defenders

Procedural Posture

Action of Declarator / Reclaiming Note Against Interlocutor

Legal Issues

  1. 1 Whether pursuers are proprietors of the whole solum of the passage
  2. 2 Whether pursuers have prescriptive possession of the passage
  3. 3 Whether pursuers' titles include the passage or only up to the medium filum

Ratio Decidendi

The pursuers' titles do not confer exclusive property in the solum of the passage; at most, they have property up to the medium filum, and their averments of prescriptive possession are too vague and insufficient to displace the natural construction of the titles.

Court Disposition

Recalled interlocutor in so far as it sustained the plea of no title to sue and dismissed the action; assoilzied defenders; adhered quoad ultra to interlocutor and decerned.

Orders

  • Recalled interlocutor regarding first declaratory conclusion of the summons
  • Assoilzied defenders from first declaratory conclusion