Ryan, Minuter - Little v. M'Connell [1909] ScotLR 214 (22 December 1909)

Ryan, Minuter - Little v. M'Connell [1909] ScotLR 214 (22 December 1909)

The landlord's hypothec remains effective over goods in the tenant's possession until actual or constructive delivery to the purchaser; mere contract of sale and payment do not suffice to defeat the hypothec. The law is settled by authority and unaffected by subsequent statutes expressly reserving the hypothec.

Citation
[1909] ScotLR 214
Parties
Minuter (appellant): James Ryan; Pursuer (respondent): Andrew Little; Defender: Thomas M'Connell
Jurisdiction
Scotland
Judgment Date
22 December 1909
Procedural Posture
Appeal From Sheriff Court Sequestration Proceedings / Judgment on Appeal in Inner House, First Division
Outcome
Appeal refused; interlocutors of Sheriff and Sheriff-Substitute affirmed.
Legal Topics
Landlord's Hypothec, Sequestration for Rent, Transfer of Property in Goods, Requirement of Delivery for Transfer of Ownership, Exclusion of Statutory Modification by Specific Acts
Property Law Landlord and Tenant Law Landlord's Hypothec Sequestration for Rent Transfer of Property in Goods Requirement of Delivery for Transfer of Ownership Exclusion of Statutory Modification by Specific Acts

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Parties

James Ryan

Minuter (appellant)

Andrew Little

Pursuer (respondent)

Thomas M'Connell

Defender

Procedural Posture

Appeal From Sheriff Court Sequestration Proceedings / Judgment on Appeal in Inner House, First Division

Legal Issues

  1. 1 Whether a landlord's hypothec attaches to goods in a shop that have been purchased and paid for but not delivered to the buyer
  2. 2 Whether constructive delivery or mere contract of sale is sufficient to oust the landlord's hypothec

Ratio Decidendi

The landlord's hypothec remains effective over goods in the tenant's possession until actual or constructive delivery to the purchaser; mere contract of sale and payment do not suffice to defeat the hypothec. The law is settled by authority and unaffected by subsequent statutes expressly reserving the hypothec.

Court Disposition

Appeal refused; interlocutors of Sheriff and Sheriff-Substitute affirmed.

Orders

  • Remit to the Sheriff-Substitute to proceed as accords.