Dick Lauder Petitioner [1923] ScotLR 252 (09 February 1923)

Dick Lauder Petitioner [1923] ScotLR 252 (09 February 1923)

Section 26 of the Entail (Scotland) Act 1848 is not limited to money invested for purchasing lands but extends to money arising from redemption of casualties if carried out under statutory powers. Neither the Conveyancing (Scotland) Act 1874 nor the Feudal Casualties (Scotland) Act 1914 restrict the effect of the Entail Acts regarding the rights of heirs of entail to acquire such money in fee-simple. The petitioner, being entitled to disentail without consents, is entitled to uplift and acquire the consigned money as craved.

Citation
[1923] ScotLR 252
Parties
Petitioner: Sir George William Dalrymple Dick Lauder of Grange and Fountainhall, Baronet
Jurisdiction
Scotland
Judgment Date
09 February 1923
Procedural Posture
Petition (entail/disentail) / Inner House, First Division, Post Report by Lord Ordinary
Outcome
Petition granted
Legal Topics
Entail, Disentail, Redemption of Casualties, Consigned Money, Heir of Entail, Statutory Interpretation
Property Law Trusts and Estates Scottish Feudal Law Entail Disentail Redemption of Casualties Consigned Money Heir of Entail +1 more

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Parties

Sir George William Dalrymple Dick Lauder of Grange and Fountainhall, Baronet

Petitioner

Procedural Posture

Petition (entail/disentail) / Inner House, First Division, Post Report by Lord Ordinary

Legal Issues

  1. 1 Whether section 26 of the Entail (Scotland) Act 1848 applies to consigned money arising from redemption of casualties under statutory powers.
  2. 2 Whether the Conveyancing (Scotland) Act 1874 or the Feudal Casualties (Scotland) Act 1914 restrict the operation of the Entail Acts regarding such money.

Ratio Decidendi

Section 26 of the Entail (Scotland) Act 1848 is not limited to money invested for purchasing lands but extends to money arising from redemption of casualties if carried out under statutory powers. Neither the Conveyancing (Scotland) Act 1874 nor the Feudal Casualties (Scotland) Act 1914 restrict the effect of the Entail Acts regarding the rights of heirs of entail to acquire such money in fee-simple. The petitioner, being entitled to disentail without consents, is entitled to uplift and acquire the consigned money as craved.

Court Disposition

Petition granted

Orders

  • Authority granted to the petitioner to uplift and acquire in fee-simple the consigned money arising from the redemption of casualties, with accrued interest, from the Accountant of Court.