Anderson and Others v. Minister of Rutherglen [1913] ScotLR 582 (21 February 1913)

In the absence of proof to the contrary, the ground on which the old manse stands is presumed to be manse ground and not glebe ground, entitling the heritors to sell the site.

Citation: [1913] ScotLR 582
Parties: Petitioners (heritors of the Parish of Rutherglen): James Anderson and others; Respondent (minister of the Parish of Rutherglen): Rev. George S. Yuille
Jurisdiction: Scotland
Judgment Date: 21 February 1913
Procedural Posture: Petition / Judgment on Petition for Transportation of Manse and Authority to Sell Old Manse
Outcome: Petition granted
Legal Topics: Presumption Regarding Manse and Glebe, Authority to Sell Church Property, Transportation of Manse, Rights of Heritors, Church Land Designation

Ecclesiastical Law Property Law Presumption Regarding Manse and Glebe Authority to Sell Church Property Transportation of Manse Rights of Heritors Church Land Designation

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4

Parties

James Anderson and others

Petitioners (heritors of the Parish of Rutherglen)

Rev. George S. Yuille

Respondent (minister of the Parish of Rutherglen)

Procedural Posture

Petition / Judgment on Petition for Transportation of Manse and Authority to Sell Old Manse

Legal Issues

1 Whether the site of the old manse is part of the glebe or manse ground
2 Whether heritors are entitled to sell the site of the old manse

Ratio Decidendi

In the absence of proof to the contrary, the ground on which the old manse stands is presumed to be manse ground and not glebe ground, entitling the heritors to sell the site.

Court Disposition

Petition granted

Orders

Authority granted to transport the manse, offices, and garden to a new site
Authority granted to sell the site of the old manse, offices, and garden