Hutchison's Trustees v. Alexander [1904] ScotLR 41_365 (04 March 1904)

Hutchison's Trustees v. Alexander [1904] ScotLR 41_365 (04 March 1904)

The defender was not a tenant, liferenter, or proprietor, but merely occupied at the will of the trustees without any lease or contract. As such, he had no title of possession and could be summarily ejected by the pursuers, who as heritable creditors had obtained decree of maills and duties and were entitled to possession under the Heritable Securities Act 1894.

Citation
[1904] ScotLR 41_365
Parties
Pursuer/respondent: George Aitken Clark Hutchison and others (Hutchison's Trustees); Defender/appellant: John Alexander
Jurisdiction
Scotland
Judgment Date
04 March 1904
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Appeal dismissed; warrant of ejection granted as prayed.
Legal Topics
Right in Security, Lease, Summary Ejection, Maills and Duties, Beneficiary in Possession Without Title
Property Law Security Rights Landlord and Tenant Right in Security Lease Summary Ejection Maills and Duties Beneficiary in Possession Without Title

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Parties

George Aitken Clark Hutchison and others (Hutchison's Trustees)

Pursuer/respondent

John Alexander

Defender/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defender had a valid title to possess the property under the marriage contract or otherwise
  2. 2 Whether the pursuers (heritable creditors) were entitled to summary ejection of the defender
  3. 3 Whether the defender was a tenant, liferenter, or mere occupant at will

Ratio Decidendi

The defender was not a tenant, liferenter, or proprietor, but merely occupied at the will of the trustees without any lease or contract. As such, he had no title of possession and could be summarily ejected by the pursuers, who as heritable creditors had obtained decree of maills and duties and were entitled to possession under the Heritable Securities Act 1894.

Court Disposition

Appeal dismissed; warrant of ejection granted as prayed.

Orders

  • Warrant of ejection granted against John Alexander from the house and lands of Cornton.