John Graham v. Stirling and Another Robert Graham v. Stirling and Another [1922] ScotLR 165 (09 December 1922)

John Graham v. Stirling and Another Robert Graham v. Stirling and Another [1922] ScotLR 165 (09 December 1922)

Reduction was competent as a method of review after implementation of decree and possession given up; Robert Graham had full authority from John Graham to act as sole tenant and give notice to terminate the tenancy, making the notice valid and effectual under the statute; agency need not be disclosed on the face of the notice if authority is established by facts.

Citation
[1922] ScotLR 165
Parties
Pursuer: John Graham; Pursuer: Robert Graham; Defender: James Stirling
Jurisdiction
Scotland
Judgment Date
09 December 1922
Procedural Posture
Action of Reduction of Decree of Removing / Inner House, First Division, Court of Session, Appeal From Lord Ordinary
Outcome
Defender assoilzied; pursuers' pleas repelled; interlocutor of Lord Ordinary recalled.
Legal Topics
Joint Lease, Termination of Tenancy, Notice to Quit, Tacit Relocation, Competency of Reduction, Agency Authority
Landlord and Tenant Civil Procedure Joint Lease Termination of Tenancy Notice to Quit Tacit Relocation Competency of Reduction Agency Authority

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Parties

John Graham

Pursuer

Robert Graham

Pursuer

James Stirling

Defender

Procedural Posture

Action of Reduction of Decree of Removing / Inner House, First Division, Court of Session, Appeal From Lord Ordinary

Legal Issues

  1. 1 Is reduction a competent method to review a decree of removing under the Judicature Act 1825?
  2. 2 Was the notice to terminate the tenancy by one joint tenant valid under the Agricultural Holdings (Scotland) Act 1908?
  3. 3 Did Robert Graham have authority to give notice on behalf of John Graham?

Ratio Decidendi

Reduction was competent as a method of review after implementation of decree and possession given up; Robert Graham had full authority from John Graham to act as sole tenant and give notice to terminate the tenancy, making the notice valid and effectual under the statute; agency need not be disclosed on the face of the notice if authority is established by facts.

Court Disposition

Defender assoilzied; pursuers' pleas repelled; interlocutor of Lord Ordinary recalled.

Orders

  • Production satisfied; defender assoilzied from conclusions of the summons.