Murray v. Bruce [1917] ScotLR 525 (06 July 1917)

The term 'duplication of the ground rent or ground annual' in the contract means a sum equal to the ground annual, not twice the amount. The pursuer is entitled only to one year's ground annual as grassum at the expiry of every nineteenth year.

Citation: [1917] ScotLR 525
Parties: Pursuer: Bertram Murray; Defender: Mrs Ada Davis or Bruce
Jurisdiction: Scotland
Judgment Date: 06 July 1917
Procedural Posture: Action of Maills and Duties / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome: Appeal dismissed; interlocutor of Lord Ordinary adhered to; defender assoilzied.
Legal Topics: Ground Annual, Grassum, Interpretation of Duplication Clause, Superior and Vassal, Feudal Conveyancing

Property Law Contract Law Ground Annual Grassum Interpretation of Duplication Clause Superior and Vassal Feudal Conveyancing

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Bertram Murray

Pursuer

Mrs Ada Davis or Bruce

Defender

Procedural Posture

Action of Maills and Duties / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

1 Whether 'a duplication of the ground rent or ground annual' in a contract of ground annual means a sum equal to the ground annual or twice the ground annual as grassum at the expiry of every nineteenth year.

Ratio Decidendi

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to; defender assoilzied.

Orders

Defender assoilzied from conclusions of the summons.
Pursuer entitled only to £66, 13s. 4d. as grassum.