M'Dowel v. M'Dowel's Trustees [1904] ScotLR 41_401 (11 March 1904)

M'Dowel v. M'Dowel's Trustees [1904] ScotLR 41_401 (11 March 1904)

The lease was not a valid exercise of the statutory power under the Montgomery Act because it was not for the purpose of building as required by the Act, but rather a lease of a house already built, and the statutory condition regarding building was not properly incorporated. The joint-minute settlement between the parties was sufficiently broad to bar the pursuer's pecuniary claims for arrears of rent and violent profits.

Citation
[1904] ScotLR 41_401
Parties
Pursuer: William Richard O'Dowel Young M'Dowel and his marriage-contract trustees; Defender: Mrs Mary Moore or Young M'Dowel
Jurisdiction
Scotland
Judgment Date
11 March 1904
Procedural Posture
Action of Reduction and Payment / Appeal (inner House, First Division)
Outcome
Appeal dismissed; judgment of the Lord Ordinary adhered to.
Legal Topics
Entail, Building Lease, Statutory Powers, Montgomery Act, Lease Reduction, Settlement Discharge
Property Law Trusts and Estates Landlord and Tenant Entail Building Lease Statutory Powers Montgomery Act Lease Reduction +1 more

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Parties

William Richard O'Dowel Young M'Dowel and his marriage-contract trustees

Pursuer

Mrs Mary Moore or Young M'Dowel

Defender

Procedural Posture

Action of Reduction and Payment / Appeal (inner House, First Division)

Legal Issues

  1. 1 Whether the lease granted under the Montgomery Act was a valid exercise of statutory power
  2. 2 Whether the terms of a prior settlement (joint-minute) barred claims for arrears of rent and violent profits

Ratio Decidendi

The lease was not a valid exercise of the statutory power under the Montgomery Act because it was not for the purpose of building as required by the Act, but rather a lease of a house already built, and the statutory condition regarding building was not properly incorporated. The joint-minute settlement between the parties was sufficiently broad to bar the pursuer's pecuniary claims for arrears of rent and violent profits.

Court Disposition

Appeal dismissed; judgment of the Lord Ordinary adhered to.

Orders

  • Decree of reduction of the lease granted.
  • Decree of removing from the subjects included in the lease and additional ground at Craig Lodge.