Maconochie Welwood's Trustees v. Mungall and Another [1921] ScotLR 613 (19 July 1921)

Maconochie Welwood's Trustees v. Mungall and Another [1921] ScotLR 613 (19 July 1921)

The obligation of relief from stipend in the feu-contracts, interpreted in light of long and consistent usage by the parties, extends to all augmentations of stipend granted after the date of the contracts. The parties' conduct for over a century, in which the superior paid all stipend and augmentations, demonstrates the intended scope of the relief clauses. This usage is sufficient to override the presumptive rule limiting relief to the stipend at the date of the contract.

Citation
[1921] ScotLR 613
Parties
First Parties (applicants/superiors): John Allan Maconochie Welwood's Trustees; Second Party (respondent/vassal): William Mungall of Transy; Third Parties (respondents/vassals): Mrs Agnes Maria Mary Clarke or Beveridge and others, trustees under Charles Hill Beveridge's trust
Jurisdiction
Scotland
Judgment Date
19 July 1921
Procedural Posture
Special Case (court of Session, Scotland) / Judgment (inner House, First Division)
Outcome
Questions of law answered in the affirmative; obligation of relief extends to all augmentations of stipend, past and future.
Legal Topics
Feu Contracts, Teinds, Minister's Stipend, Obligation of Relief, Augmentation of Stipend, Interpretation of Deeds, Usage in Contract Interpretation
Property Law Feudal Law Trusts and Estates Feu Contracts Teinds Minister's Stipend Obligation of Relief Augmentation of Stipend +2 more

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Parties

John Allan Maconochie Welwood's Trustees

First Parties (applicants/superiors)

William Mungall of Transy

Second Party (respondent/vassal)

Mrs Agnes Maria Mary Clarke or Beveridge and others, trustees under Charles Hill Beveridge's trust

Third Parties (respondents/vassals)

Procedural Posture

Special Case (court of Session, Scotland) / Judgment (inner House, First Division)

Legal Issues

  1. 1 Whether the obligation of relief from stipend in feu-contracts extends to augmentations of stipend granted after the date of the contracts.
  2. 2 Whether usage (parties' conduct) can interpret or extend the meaning of relief clauses in feu-contracts.

Ratio Decidendi

The obligation of relief from stipend in the feu-contracts, interpreted in light of long and consistent usage by the parties, extends to all augmentations of stipend granted after the date of the contracts. The parties' conduct for over a century, in which the superior paid all stipend and augmentations, demonstrates the intended scope of the relief clauses. This usage is sufficient to override the presumptive rule limiting relief to the stipend at the date of the contract.

Court Disposition

Questions of law answered in the affirmative; obligation of relief extends to all augmentations of stipend, past and future.

Orders

  • The first parties (superiors) are bound to relieve the second and third parties (vassals) of all payments made by them in respect of stipend and all augmentations thereof, past and future, under the feu-contracts.