Tawse v. Rigg [1904] ScotLR 41_391 (08 March 1904)

First bondholder was under no legal obligation to pay the debtor's account to law-agents and cannot deduct such payment from surplus price in accounting with second bondholder; law-agent's lien terminated upon delivery of title-deeds; permissible deductions are limited to those enumerated in section 122 of Titles to Land Consolidation Act 1868.

Citation: [1904] ScotLR 41_391
Parties: Pursuer/respondent: Miss Christian Tawse; Defender/reclaimer: Mrs Watson or Rigg
Jurisdiction: Scotland
Judgment Date: 08 March 1904
Procedural Posture: Action of Accounting / Inner House Appeal From Lord Ordinary
Outcome: Court adhered to Lord Ordinary's interlocutor; defender's appeal dismissed.
Legal Topics: Heritable Security, Agent's Lien, Accounting Between Bondholders, Titles to Land Consolidation Act 1868

Property Law Secured Transactions Agency Law Heritable Security Agent's Lien Accounting Between Bondholders Titles to Land Consolidation Act 1868

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2

Parties

Miss Christian Tawse

Pursuer/respondent

Mrs Watson or Rigg

Defender/reclaimer

Procedural Posture

Action of Accounting / Inner House Appeal From Lord Ordinary

Legal Issues

1 Whether a first bondholder can deduct payment made to law-agents for a debtor's account in accounting with a second bondholder after sale of heritable subjects
2 Whether a law-agent's lien over title-deeds entitles deduction from surplus price under Titles to Land Consolidation Act 1868

Ratio Decidendi

Court Disposition

Court adhered to Lord Ordinary's interlocutor; defender's appeal dismissed.

Orders

Defender not entitled to deduct £96, 9s. 5d. paid to law-agents from surplus price.
Defender decerned to pay pursuer £118, 0s. 9d. with interest.