Finlay v. Adam [1917] ScotLR 388 (17 March 1917)

Finlay v. Adam [1917] ScotLR 388 (17 March 1917)

The Court held that the term 'duplicand' in the context of the feu-charter under consideration means a sum equal to twice the annual feu-duty, payable in addition to the ordinary feu-duty for the year in which it falls due. The payment is a separate and additional obligation, not inclusive of the feu-duty for the year, and is to be made at the specified interval (every nineteenth year) as stipulated in the deed. This construction is supported by precedent and the structure of the deed, which treats the annual feu-duty and the duplicand as distinct obligations.

Citation
[1917] ScotLR 388
Parties
Pursuer (superior): Miss Eliza Russell Bruce Adam; Defender (vassal): Thomas Finlay
Jurisdiction
Scotland
Judgment Date
17 March 1917
Procedural Posture
Civil Appeal (feudal Law, Sheriff Court to Court of Session) / Final Appellate Judgment (court of Session, Inner House, First Division, Court of Seven Judges)
Outcome
Appeal dismissed; judgment for pursuer (superior) affirmed.
Legal Topics
Feu Charter Interpretation, Feudal Casualties, Duplicand Payment, Redemption of Casualties, Construction of Deeds
Property Law Feudal Law Contract Law Feu Charter Interpretation Feudal Casualties Duplicand Payment Redemption of Casualties Construction of Deeds

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Parties

Miss Eliza Russell Bruce Adam

Pursuer (superior)

Thomas Finlay

Defender (vassal)

Procedural Posture

Civil Appeal (feudal Law, Sheriff Court to Court of Session) / Final Appellate Judgment (court of Session, Inner House, First Division, Court of Seven Judges)

Legal Issues

  1. 1 Whether the term 'duplicand' in the feu-charter requires payment of twice the annual feu-duty in addition to the feu-duty for the year in which it is payable, or only one additional year's feu-duty including the feu-duty for that year.
  2. 2 Whether the payment stipulated as 'a duplicand of the feu-duties' is to be made over and above the ordinary feu-duty for the year in which it falls due.

Ratio Decidendi

The Court held that the term 'duplicand' in the context of the feu-charter under consideration means a sum equal to twice the annual feu-duty, payable in addition to the ordinary feu-duty for the year in which it falls due. The payment is a separate and additional obligation, not inclusive of the feu-duty for the year, and is to be made at the specified interval (every nineteenth year) as stipulated in the deed. This construction is supported by precedent and the structure of the deed, which treats the annual feu-duty and the duplicand as distinct obligations.

Court Disposition

Appeal dismissed; judgment for pursuer (superior) affirmed.

Orders

  • Defender is bound to redeem the duplicand in lieu of casualties as at 18 May 1915.
  • Compensation payable on redemption of the duplicand fixed at £69, 1s. 6d., with interest at 4% per annum from 18 May 1915 until paid or converted into an annual sum, in terms of the Feudal Casualties (Scotland) Act 1914.