Earl of Lauderdale v. Scrymgeour-Wedderburn [1908] ScotLR 949_1 (18 July 1908)

Earl of Lauderdale v. Scrymgeour-Wedderburn [1908] ScotLR 949_1 (18 July 1908)

The pursuer's title to the office of Hereditary Standard Bearer is complete by virtue of the decree of 1671, which is binding and irreducible due to negative prescription and statutory protection; the Court of Session has jurisdiction; the Court of Claims' decision does not bar the action; and the defender failed to establish a superior title.

Citation
[1908] ScotLR 949_1
Parties
Pursuer: Frederick Henry, Earl of Lauderdale; Defender: Henry Scrymgeour-Wedderburn of Wedderburn; Defender (did Not Appear): Rev. R. C. Scrimgeour
Jurisdiction
Scotland
Judgment Date
18 July 1908
Procedural Posture
Action of Declarator and Interdict / Final Judgment After Proof of Averments
Outcome
Judgment for the pursuer; defender's pleas repelled; declarator granted in favour of pursuer with expenses.
Legal Topics
Heritable Office, Jurisdiction, Res Judicata, Prescription, Title to Defend, Declarator, Negative Prescription
Property Law Constitutional Law Civil Procedure Heritable Office Jurisdiction Res Judicata Prescription Title to Defend +2 more

Case Brief

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Parties

Frederick Henry, Earl of Lauderdale

Pursuer

Henry Scrymgeour-Wedderburn of Wedderburn

Defender

Rev. R. C. Scrimgeour

Defender (did Not Appear)

Procedural Posture

Action of Declarator and Interdict / Final Judgment After Proof of Averments

Legal Issues

  1. 1 Whether the Court of Session has jurisdiction to determine claims to the Office of Hereditary Standard Bearer for Scotland
  2. 2 Whether the decision of the Court of Claims at the Coronation is res judicata and bars the present action
  3. 3 Whether the defender has sufficient title to defend the action

Ratio Decidendi

The pursuer's title to the office of Hereditary Standard Bearer is complete by virtue of the decree of 1671, which is binding and irreducible due to negative prescription and statutory protection; the Court of Session has jurisdiction; the Court of Claims' decision does not bar the action; and the defender failed to establish a superior title.

Court Disposition

Judgment for the pursuer; defender's pleas repelled; declarator granted in favour of pursuer with expenses.

Orders

  • Sustained the pursuer's third plea-in-law.
  • Decerned in terms of the conclusions of the summons.