Inglis' Trustees. v. Macpherson [1909] ScotLR 43 (03 November 1909)

Inglis' Trustees. v. Macpherson [1909] ScotLR 43 (03 November 1909)

The Sheriff erred in ordering the defender to find caution for violent profits based on repealed statutory provisions; under the current law, such an order is discretionary and was not exercised. The relevant statutory provisions did not apply to this case, and the interlocutors must be recalled.

Citation
[1909] ScotLR 43
Parties
Pursuer: Mrs Catherine A. Hugonin or Inglis and Etienne Hugonin (Inglis' Trustees); Defender: Mrs Rebecca Brown or Macpherson
Jurisdiction
Scotland
Judgment Date
03 November 1909
Procedural Posture
Summary Ejection/removing / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Appeal sustained; interlocutors of Sheriff and Sheriff-Substitute recalled; cause remitted to Sheriff to proceed as accords.
Legal Topics
Heritable Securities, Summary Ejection, Caution for Violent Profits, Statutory Interpretation, Repeal of Statutes
Property Law Civil Procedure Scottish Law Heritable Securities Summary Ejection Caution for Violent Profits Statutory Interpretation Repeal of Statutes

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Parties

Mrs Catherine A. Hugonin or Inglis and Etienne Hugonin (Inglis' Trustees)

Pursuer

Mrs Rebecca Brown or Macpherson

Defender

Procedural Posture

Summary Ejection/removing / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the Sheriff was correct in ordering the defender to find caution for violent profits under repealed statutory provisions
  2. 2 Whether the Sheriff Courts (Scotland) Act 1907 or Heritable Securities (Scotland) Act 1894 required caution for violent profits in this context

Ratio Decidendi

The Sheriff erred in ordering the defender to find caution for violent profits based on repealed statutory provisions; under the current law, such an order is discretionary and was not exercised. The relevant statutory provisions did not apply to this case, and the interlocutors must be recalled.

Court Disposition

Appeal sustained; interlocutors of Sheriff and Sheriff-Substitute recalled; cause remitted to Sheriff to proceed as accords.

Orders

  • Interlocutors of 13th July 1909 and 3rd June 1909 recalled
  • Cause remitted to Sheriff to proceed as accords