Hay v. Magistrates of Aberdeen [1909] ScotLR 367 (05 February 1909)

Hay v. Magistrates of Aberdeen [1909] ScotLR 367 (05 February 1909)

The pursuer is bound to grant a disposition of the lands themselves, not merely 'right and interest', with warrandice from fact and deed only, as this is required for a valid feudal title and to fulfil the agreement.

Citation
[1909] ScotLR 367
Parties
Pursuer: Malcolm Vivian Hay of Seaton, Aberdeenshire; Defenders: Lord Provost, Magistrates, and Town Council of Aberdeen
Jurisdiction
Scotland
Judgment Date
05 February 1909
Procedural Posture
Action for Declarator / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor recalled; pursuer bound to grant disposition of the lands with warrandice from fact and deed only as regards article 1(a).
Legal Topics
Disposition, Feudal Title, Warrandice, Right and Interest in Land
Property Law Conveyancing Disposition Feudal Title Warrandice Right and Interest in Land

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Parties

Malcolm Vivian Hay of Seaton, Aberdeenshire

Pursuer

Lord Provost, Magistrates, and Town Council of Aberdeen

Defenders

Procedural Posture

Action for Declarator / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a conveyance of 'right and interest' constitutes a valid feudal title
  2. 2 Form of disposition required under the agreement
  3. 3 Extent of warrandice obligation

Ratio Decidendi

The pursuer is bound to grant a disposition of the lands themselves, not merely 'right and interest', with warrandice from fact and deed only, as this is required for a valid feudal title and to fulfil the agreement.

Court Disposition

Lord Ordinary's interlocutor recalled; pursuer bound to grant disposition of the lands with warrandice from fact and deed only as regards article 1(a).

Orders

  • Pursuer to grant disposition of the subjects described in article 1 of the agreement, disponing the lands specified, with warrandice from fact and deed only for article 1(a).