Smith-Shand's Trustees v. Forbes [1922] ScotLR 322 (02 March 1922)

Smith-Shand's Trustees v. Forbes [1922] ScotLR 322 (02 March 1922)

The composition for redemption of feudal casualties is to be calculated by apportioning the grassum paid for the combined estates between the respective superiors and applying a 5% interest rate to the apportioned sum. The value of mature timber is not to be deducted from the grassum in the absence of specific...

Source-derived case information.

Citation
[1922] ScotLR 322
Parties
Pursuers: Miss Janet Smith-Shand and others, Trustees of the late Mrs Anna Stuart or Smith-Shand; Defender and Reclaimer: Sir Charles Stewart Forbes of Newe and Edinglassie, Baronet; Defender: William Macintosh, factor and commissioner for the trustees of the late Most Noble Alexander William George, Duke of Fife
Jurisdiction
Scotland
Judgment Date
02 March 1922
Procedural Posture
Civil / Appeal (inner House, First Division)
Outcome
Defender's pleas repelled; composition to be calculated as a year's sub-feu-duty plus 5% interest on apportioned grassum; decree in terms of pursuers' conclusions.
Legal Topics
Feudal Casualties, Redemption of Casualties, Apportionment of Grassum, Interest on Grassum, Sub Feu, Timber Valuation, Feudal Casualties (scotland) Act 1914
Property Law Feudal Law Feudal Casualties Redemption of Casualties Apportionment of Grassum Interest on Grassum Sub Feu Timber Valuation +1 more

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Parties

Miss Janet Smith-Shand and others, Trustees of the late Mrs Anna Stuart or Smith-Shand

Pursuers

Sir Charles Stewart Forbes of Newe and Edinglassie, Baronet

Defender and Reclaimer

William Macintosh, factor and commissioner for the trustees of the late Most Noble Alexander William George, Duke of Fife

Defender

Procedural Posture

Civil / Appeal (inner House, First Division)

Legal Issues

  1. 1 How should the composition for redemption of feudal casualties be calculated when lands held of different superiors are sub-feued in combination for a single grassum?
  2. 2 Should the value of mature timber be deducted from the grassum in calculating the composition?
  3. 3 Is the 5% interest rate on the apportioned grassum the correct basis for calculation?

Ratio Decidendi

The composition for redemption of feudal casualties is to be calculated by apportioning the grassum paid for the combined estates between the respective superiors and applying a 5% interest rate to the apportioned sum. The value of mature timber is not to be deducted from the grassum in the absence of specific averment that the grassum was calculated by adding the timber value. The 5% rate is to be applied in the absence of a definite alternative supported by relevant averments.

Court Disposition

Defender's pleas repelled; composition to be calculated as a year's sub-feu-duty plus 5% interest on apportioned grassum; decree in terms of pursuers' conclusions.

Orders

  • Repel the whole pleas-in-law for the defender Sir Charles Stewart Forbes.
  • Declare that the composition payable is to be calculated on the basis of a year's sub-feu-duty together with a year's interest at 5% on the apportioned grassum (£29,831 14s. 8d.).