The City of Aberdeen Land Association, Ltd v. The Magistrates of Aberdeen [1904] ScotLR 41_647 (02 July 1904)

The City of Aberdeen Land Association, Ltd v. The Magistrates of Aberdeen [1904] ScotLR 41_647 (02 July 1904)

The action is competent as the summons covers all lands for which the pursuers are vassals, and the redemption price can be determined by the Court; the redemption price for casualties is to be calculated based on actual rent where the feu-duty is nominal, and on the contracted feu-duty where it is substantial or progressive; sums paid for street construction are not grassum and are excluded from casualty calculation; pursuers are not bound to redeem casualties for lands alienated without notice.

Citation
[1904] ScotLR 41_647
Parties
Pursuer: The City of Aberdeen Land Association, Limited; Defender: The Magistrates of Aberdeen
Jurisdiction
Scotland
Judgment Date
02 July 1904
Procedural Posture
Action for Redemption of Casualties / Inner House Appeal From Lord Ordinary
Outcome
Objection to competency overruled; Lord Ordinary's interlocutor mostly affirmed with modifications.
Legal Topics
Redemption of Casualties, Competency of Action, Feu Duty Calculation, Mid Superiority, Notice of Change of Ownership
Property Law Conveyancing Feudal Law Redemption of Casualties Competency of Action Feu Duty Calculation Mid Superiority Notice of Change of Ownership

Case Brief

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Parties

The City of Aberdeen Land Association, Limited

Pursuer

The Magistrates of Aberdeen

Defender

Procedural Posture

Action for Redemption of Casualties / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Is the action for redemption of casualties competent when the summons does not specify all lands held by the pursuer?
  2. 2 How should the redemption price for casualties be calculated for lands feued for nominal duty, progressive duty, postponed duty, or with additional payments for street construction?
  3. 3 Are pursuers bound to redeem casualties for lands alienated without notice to the superior?

Ratio Decidendi

The action is competent as the summons covers all lands for which the pursuers are vassals, and the redemption price can be determined by the Court; the redemption price for casualties is to be calculated based on actual rent where the feu-duty is nominal, and on the contracted feu-duty where it is substantial or progressive; sums paid for street construction are not grassum and are excluded from casualty calculation; pursuers are not bound to redeem casualties for lands alienated without notice.

Court Disposition

Objection to competency overruled; Lord Ordinary's interlocutor mostly affirmed with modifications.

Orders

  • Pursuers entitled to redeem casualties on payment of £6128, 18s. 7d. plus 50% and 4% interest from date of signeting until payment.
  • Defenders to execute and deliver discharge of casualties upon payment.