Sutherland v. Tait's Trustees [1902] ScotLR 40_135 (12 November 1902)

Sutherland v. Tait's Trustees [1902] ScotLR 40_135 (12 November 1902)

Defenders, as singular successors, are liable for a casualty of a year's rent upon their implied entry in 1899, as no previous vassal alive had paid a casualty, and the Act of 1887 does not apply retrospectively to trustees entered prior to 1874.

Citation
[1902] ScotLR 40_135
Parties
Pursuer/respondent: James Sinclair Sutherland; Defender/reclaimer: George Tait Anderson; Defender/reclaimer: William Sutherland Anderson; Defender/reclaimer: David Keith Murray
Jurisdiction
Scotland
Judgment Date
12 November 1902
Procedural Posture
Action of Declarator and for Payment of Casualty / Inner House, First Division, Reclaiming Motion
Outcome
Court adhered to interlocutor of Lord Ordinary; defenders liable for casualty of a year's rent.
Legal Topics
Superior and Vassal, Casualty, Composition, Implied Entry, Retrospective Effect of Statutes, Trustees' Entry, Relief Duty
Property Law Conveyancing Feudal Law Superior and Vassal Casualty Composition Implied Entry Retrospective Effect of Statutes +2 more

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Parties

James Sinclair Sutherland

Pursuer/respondent

George Tait Anderson

Defender/reclaimer

William Sutherland Anderson

Defender/reclaimer

David Keith Murray

Defender/reclaimer

Procedural Posture

Action of Declarator and for Payment of Casualty / Inner House, First Division, Reclaiming Motion

Legal Issues

  1. 1 Whether defenders are liable for a casualty of a year's rent upon implied entry under Conveyancing (Scotland) Act 1874
  2. 2 Whether Conveyancing (Scotland) Acts Amendment Act 1887 applies retrospectively to trustees entered prior to 1874
  3. 3 Whether relief-duty or composition is exigible from singular successors where no casualty was paid by the heir

Ratio Decidendi

Defenders, as singular successors, are liable for a casualty of a year's rent upon their implied entry in 1899, as no previous vassal alive had paid a casualty, and the Act of 1887 does not apply retrospectively to trustees entered prior to 1874.

Court Disposition

Court adhered to interlocutor of Lord Ordinary; defenders liable for casualty of a year's rent.

Orders

  • Pursuer entitled to a casualty of a year's rent estimated at the date of defenders' implied entry (9 October 1899)
  • Case to be enrolled for further procedure regarding precise terms and ascertainment of amount