Craig v. Mair's Trustees [1914] ScotLR 767 (07 July 1914)

Craig v. Mair's Trustees [1914] ScotLR 767 (07 July 1914)

Ground-annuals, being irredeemable rights in land and not obligations immediately exigible in a sum of money, are not extinguished by confusio when acquired by the owner of the property, especially where the owner does not assume personal liability for payment. The doctrine of confusio does not apply to such perpetual real burdens.

Citation
[1914] ScotLR 767
Parties
First Party: James Craig, C.A., Edinburgh (as trustee under a deed of dissolution of partnership, and trust-disposition and assignation); Second Parties: John Mair and another, testamentary trustees of the late Mrs Annie Simpson or Mair, and others (creditors and disponees in security)
Jurisdiction
Scotland
Judgment Date
07 July 1914
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case
Outcome
Questions of law answered: (a) in the affirmative (the ground-annuals are still real burdens upon the subjects); (b) in the negative (they have not been extinguished and discharged confusione).
Legal Topics
Ground Annuals, Confusio (merger of Rights), Discharge of Security, Real Burdens, Heritable Property
Property Law Secured Transactions Trusts and Estates Ground Annuals Confusio (merger of Rights) Discharge of Security Real Burdens Heritable Property

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Parties

James Craig, C.A., Edinburgh (as trustee under a deed of dissolution of partnership, and trust-disposition and assignation)

First Party

John Mair and another, testamentary trustees of the late Mrs Annie Simpson or Mair, and others (creditors and disponees in security)

Second Parties

Procedural Posture

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

Legal Issues

  1. 1 Whether ground-annuals secured over heritable property are extinguished by confusio when acquired by the owner of the property, who is not personally liable for payment of them.

Ratio Decidendi

Ground-annuals, being irredeemable rights in land and not obligations immediately exigible in a sum of money, are not extinguished by confusio when acquired by the owner of the property, especially where the owner does not assume personal liability for payment. The doctrine of confusio does not apply to such perpetual real burdens.

Court Disposition

Questions of law answered: (a) in the affirmative (the ground-annuals are still real burdens upon the subjects); (b) in the negative (they have not been extinguished and discharged confusione).

Orders

  • The three ground-annuals in question remain real burdens upon the said subjects and have not been extinguished or discharged confusione.