Rankine v. Logie Den Land Co., Ltd [1902] ScotLR 40_4 (19 July 1902)

Rankine v. Logie Den Land Co., Ltd [1902] ScotLR 40_4 (19 July 1902)

The obligations to build, having become prestable and unfulfilled before the transfer of the feu and before the death of the vassal, remain enforceable against both the current and former vassals and, in the case of the deceased, against his executrix for damages. The liability is not extinguished by transfer or death, nor by the superior's delay or failure to demand double feu-duty. Acquiescence and election do not bar the claim in the absence of personal bar or waiver. The executrix is liable for damages for breach committed by the deceased vassal.

Citation
[1902] ScotLR 40_4
Parties
Pursuer: Walter Lorne Campbell Rankine of Dudhope; Defender: Logie Den Land Company, Limited; Defender: George Lloyd Alison; Defender: Margaret Stewart Erskine or Moir (Mrs Moir), as executrix of William Moir
Jurisdiction
Scotland
Judgment Date
19 July 1902
Procedural Posture
Civil / Appeal From Lord Ordinary's Interlocutors Allowing Proof of Damages and Repelling Certain Pleas
Outcome
Appeal dismissed; interlocutors of Lord Ordinary adhered to.
Legal Topics
Feudal Obligations, Building Obligations, Liability of Vassals and Executors, Damages for Breach of Contract, Acquiescence, Transference of Feus
Property Law Contract Law Succession Law Feudal Obligations Building Obligations Liability of Vassals and Executors Damages for Breach of Contract Acquiescence +1 more

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Parties

Walter Lorne Campbell Rankine of Dudhope

Pursuer

Logie Den Land Company, Limited

Defender

George Lloyd Alison

Defender

Margaret Stewart Erskine or Moir (Mrs Moir), as executrix of William Moir

Defender

Procedural Posture

Civil / Appeal From Lord Ordinary's Interlocutors Allowing Proof of Damages and Repelling Certain Pleas

Legal Issues

  1. 1 Whether a former vassal or his executrix remains liable for breach of building obligations after transference of the feu and after death
  2. 2 Whether the superior's right to damages is barred by acquiescence, election, or lack of demand for double feu-duty
  3. 3 Whether the executrix of a deceased vassal is liable for damages for breach of contract committed by the deceased

Ratio Decidendi

The obligations to build, having become prestable and unfulfilled before the transfer of the feu and before the death of the vassal, remain enforceable against both the current and former vassals and, in the case of the deceased, against his executrix for damages. The liability is not extinguished by transfer or death, nor by the superior's delay or failure to demand double feu-duty. Acquiescence and election do not bar the claim in the absence of personal bar or waiver. The executrix is liable for damages for breach committed by the deceased vassal.

Court Disposition

Appeal dismissed; interlocutors of Lord Ordinary adhered to.

Orders

  • Proof of damages allowed to pursuer against all defenders, including executrix of deceased vassal.
  • Defenders allowed conjunct probation.