Young's Trustees v. Grainger [1904] ScotLR 42_171 (08 December 1904)

Young's Trustees v. Grainger [1904] ScotLR 42_171 (08 December 1904)

The sheriff's decree, duly registered, gives the purchaser an absolute statutory title, extinguishing prior leasehold interests and obligations, including liability for ground rent. The landlord's remedy is to claim against the purchase money consigned in bank, not against the purchaser.

Citation
[1904] ScotLR 42_171
Parties
Pursuer/appellant: Mrs Mary Isobel Murdoch or Young and others, Trustees of John George Kirkpatrick Young; Defender/respondent: Dr John Grainger
Jurisdiction
Scotland
Judgment Date
08 December 1904
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Appeal dismissed; action dismissed with expenses.
Legal Topics
Ruinous Buildings, Statutory Title, Long Lease, Burgh Police (scotland) Act 1892, Compulsory Sale, Ground Rent, Title by Decree
Property Law Landlord and Tenant Statutory Interpretation Ruinous Buildings Statutory Title Long Lease Burgh Police (scotland) Act 1892 Compulsory Sale +2 more

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Parties

Mrs Mary Isobel Murdoch or Young and others, Trustees of John George Kirkpatrick Young

Pursuer/appellant

Dr John Grainger

Defender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a purchaser under a sheriff's decree pursuant to the Burgh Police (Scotland) Act 1892 acquires an absolute title free from obligations under a prior long lease, including liability for ground rent.
  2. 2 Whether the landlord's claim for rent survives the statutory sale and can be enforced against the purchaser.

Ratio Decidendi

The sheriff's decree, duly registered, gives the purchaser an absolute statutory title, extinguishing prior leasehold interests and obligations, including liability for ground rent. The landlord's remedy is to claim against the purchase money consigned in bank, not against the purchaser.

Court Disposition

Appeal dismissed; action dismissed with expenses.

Orders

  • Action for payment of rent dismissed.
  • Pursuers to seek remedy against consigned purchase price if so advised.