Graham v. Purves [1924] ScotLR 360 (04 March 1924)

Graham v. Purves [1924] ScotLR 360 (04 March 1924)

The Rent and Mortgage Interest (Restrictions) Acts did not abolish the right to bring a common law action for removal; such actions remain competent, and the Sheriff has discretion to convert between ordinary and summary causes as appropriate. The action, as amended, was a competent common law proceeding.

Citation
[1924] ScotLR 360
Parties
Pursuer/respondent: Mrs Lewis Mary Mackinlay Johnson or Purves; Defender/appellant: Mrs Isabella Graham
Jurisdiction
Scotland
Judgment Date
04 March 1924
Procedural Posture
Civil / Appeal From Sheriff to Court of Session Inner House Second Division
Outcome
Appeal dismissed; judgment of the Sheriff affirmed.
Legal Topics
Removing, Competency, Rent and Mortgage Interest (restrictions) Acts, Sheriff Court Procedure, Summary Cause Vs Ordinary Action
Landlord and Tenant Civil Procedure Removing Competency Rent and Mortgage Interest (restrictions) Acts Sheriff Court Procedure Summary Cause Vs Ordinary Action

Case Brief

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Parties

Mrs Lewis Mary Mackinlay Johnson or Purves

Pursuer/respondent

Mrs Isabella Graham

Defender/appellant

Procedural Posture

Civil / Appeal From Sheriff to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the Rent and Mortgage Interest (Restrictions) Acts 1920 and 1923 abolished the right to raise an action of summary ejection at common law for premises to which the Acts apply
  2. 2 Whether an action for removal must be brought as a summary cause under the Acts or may proceed as an ordinary action at common law

Ratio Decidendi

The Rent and Mortgage Interest (Restrictions) Acts did not abolish the right to bring a common law action for removal; such actions remain competent, and the Sheriff has discretion to convert between ordinary and summary causes as appropriate. The action, as amended, was a competent common law proceeding.

Court Disposition

Appeal dismissed; judgment of the Sheriff affirmed.

Orders

  • The Court adhered to the judgment appealed against.
  • Proof before answer allowed on the pursuer's averments.