Governors of Trades Maiden Hospital v. Mackersy [1906] ScotLR 44_45 (13 November 1906)

Governors of Trades Maiden Hospital v. Mackersy [1906] ScotLR 44_45 (13 November 1906)

The Court held that sec. 5 of the Conveyancing (Scotland) Act 1874 applies to trustees, and payment in 1880 was 'in terms of this section'; therefore, a second composition became due twenty-five years later in 1905. The action was competent as a simple petitory action, and composition should be calculated on the rental of 1905, not limited to sub-feu-duty.

Citation
[1906] ScotLR 44_45
Parties
Pursuer: Governors of Trades Maiden Hospital; Defender: William Robert Mackersy
Jurisdiction
Scotland
Judgment Date
13 November 1906
Procedural Posture
Petitory Action for Payment of Composition / Inner House Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Defender's reclaiming note refused; Lord Ordinary's interlocutor affirmed.
Legal Topics
Feudal Casualties, Trustee Succession, Interpretation of Conveyancing (scotland) Act 1874, Calculation of Composition, Competency of Petitory Action
Property Law Trusts and Estates Scottish Conveyancing Feudal Casualties Trustee Succession Interpretation of Conveyancing (scotland) Act 1874 Calculation of Composition Competency of Petitory Action

Case Brief

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Parties

Governors of Trades Maiden Hospital

Pursuer

William Robert Mackersy

Defender

Procedural Posture

Petitory Action for Payment of Composition / Inner House Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a simple petitory action is competent for recovery of casualty under sec. 5 of Conveyancing (Scotland) Act 1874
  2. 2 Whether payment in 1880 was 'in terms of' sec. 5 of the Act
  3. 3 Whether the twenty-five year rule applies from payment date or implied entry

Ratio Decidendi

The Court held that sec. 5 of the Conveyancing (Scotland) Act 1874 applies to trustees, and payment in 1880 was 'in terms of this section'; therefore, a second composition became due twenty-five years later in 1905. The action was competent as a simple petitory action, and composition should be calculated on the rental of 1905, not limited to sub-feu-duty.

Court Disposition

Defender's reclaiming note refused; Lord Ordinary's interlocutor affirmed.

Orders

  • Adhere to interlocutor of Lord Mackenzie dated 1st February 1906
  • Remit cause to Lord Ordinary to proceed therein