Governors of George Heriot's Trust v. Falconer and Others (Lawrie's Trustees) [1912] ScotLR 561 (15 March 1912)

Governors of George Heriot's Trust v. Falconer and Others (Lawrie's Trustees) [1912] ScotLR 561 (15 March 1912)

On a proper construction of the feu-contract, the composition payable at the expiration of every twenty-two years is a sum equivalent to double the annual feu-duty, over and above the feu-duty for the year in which it becomes payable.

Citation
[1912] ScotLR 561
Parties
First Parties (superior): Governors of George Heriot's Trust; Second Parties (vassal): William Falconer and others (Lawrie's Trustees)
Jurisdiction
Scotland
Judgment Date
15 March 1912
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case
Outcome
The Court answered in the affirmative to sub-head (a) (composition is twice the feu-duty) and in the negative to sub-head (b) (composition is not just one year's feu-duty).
Legal Topics
Feu Contract, Feu Duty, Composition Payment, Contract Interpretation
Property Law Feudal Law Feu Contract Feu Duty Composition Payment Contract Interpretation

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Parties

Governors of George Heriot's Trust

First Parties (superior)

William Falconer and others (Lawrie's Trustees)

Second Parties (vassal)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case

Legal Issues

  1. 1 Whether the sums payable in name of composition under the feu-contract are twice the amount of the respective feu-duties or only the amount of one year's feu-duty

Ratio Decidendi

On a proper construction of the feu-contract, the composition payable at the expiration of every twenty-two years is a sum equivalent to double the annual feu-duty, over and above the feu-duty for the year in which it becomes payable.

Court Disposition

The Court answered in the affirmative to sub-head (a) (composition is twice the feu-duty) and in the negative to sub-head (b) (composition is not just one year's feu-duty).

Orders

  • Second parties to pay to the first parties, in name of composition, sums equal to twice the respective feu-duties for each lot, in addition to the annual feu-duty.