Tranent Minister And Another v. Tranent Heritors [1909] ScotLR 863 (07 July 1909)

Tranent Minister And Another v. Tranent Heritors [1909] ScotLR 863 (07 July 1909)

The sale of coal under the glebe for a lump sum, with the proceeds invested for the benefit of the minister and his successors, is competent and not an unlawful alienation, as it does not prejudice the benefice and is the most advantageous arrangement for all parties.

Citation
[1909] ScotLR 863
Parties
First Party: Rev. A. M. Hewat, B. D., minister of the parish of Tranent; Second Party: J. R. Wilson, coalmaster, Musselburgh; Third Parties: Heritors of the parish of Tranent
Jurisdiction
Scotland
Judgment Date
07 July 1909
Procedural Posture
Special Case / Judgment
Outcome
Questions of law answered in the affirmative; sale sanctioned.
Legal Topics
Sale of Minerals Under Glebe, Investment of Proceeds for Benefice, Alienation of Church Property
Ecclesiastical Law Property Law Mineral Rights Sale of Minerals Under Glebe Investment of Proceeds for Benefice Alienation of Church Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rev. A. M. Hewat, B. D., minister of the parish of Tranent

First Party

J. R. Wilson, coalmaster, Musselburgh

Second Party

Heritors of the parish of Tranent

Third Parties

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Whether the proposed sale of coal under glebe lands is legal and may be carried out by private bargain
  2. 2 Whether the sale proceeds must be invested for the benefit of the minister and his successors

Ratio Decidendi

The sale of coal under the glebe for a lump sum, with the proceeds invested for the benefit of the minister and his successors, is competent and not an unlawful alienation, as it does not prejudice the benefice and is the most advantageous arrangement for all parties.

Court Disposition

Questions of law answered in the affirmative; sale sanctioned.

Orders

  • Proposed sale of coal under glebe lands is legal and may proceed by private bargain.
  • Sale proceeds (£1165) to be invested at the sight of the presbytery and heritors, with income paid to the minister and successors.