Fife Coal Co., Ltd v. Bernard's Trustees [1906] ScotLR 44_236 (21 December 1906)

Fife Coal Co., Ltd v. Bernard's Trustees [1906] ScotLR 44_236 (21 December 1906)

Where a feu-charter prohibits subinfeudation and obliges disponees to enter within a year and a day, a casualty is impliedly due on each transmission, even if not expressly stipulated. Both the deceased vassal (Bernard) and his trustees (as representatives and as new vassals) are liable for separate casualties upon...

Source-derived case information.

Citation
[1906] ScotLR 44_236
Parties
Pursuer: Fife Coal Company, Limited; Defender: Bernard's Trustees (Robert Addison and another)
Jurisdiction
Scotland
Judgment Date
21 December 1906
Procedural Posture
Statutory Action for Recovery of Casualty (composition) Under Feu Right / Inner House, First Division, Court of Session (appeal/reclaiming Motion)
Outcome
Interlocutor of Lord Ordinary affirmed; decree granted for payment of both casualties as restricted.
Legal Topics
Superior and Vassal, Casualty, Implied Entry, Subinfeudation, Feu Duty, Conveyancing (scotland) Act 1874
Property Law Feudal Law Conveyancing Superior and Vassal Casualty Implied Entry Subinfeudation Feu Duty +1 more

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Parties

Fife Coal Company, Limited

Pursuer

Bernard's Trustees (Robert Addison and another)

Defender

Procedural Posture

Statutory Action for Recovery of Casualty (composition) Under Feu Right / Inner House, First Division, Court of Session (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether a casualty (composition) is due on the implied entry of a vassal under a feu-charter prohibiting subinfeudation, where there is no express obligation to pay a casualty on entry.
  2. 2 Whether the trustees of a deceased vassal are liable for two casualties: one for the deceased's implied entry and one for their own.
  3. 3 Whether the statutory action for recovery of a casualty is competent where the last-entered vassal is still alive.

Ratio Decidendi

Where a feu-charter prohibits subinfeudation and obliges disponees to enter within a year and a day, a casualty is impliedly due on each transmission, even if not expressly stipulated. Both the deceased vassal (Bernard) and his trustees (as representatives and as new vassals) are liable for separate casualties upon their respective infeftments. The statutory action is competent when the summons is properly restricted.

Court Disposition

Interlocutor of Lord Ordinary affirmed; decree granted for payment of both casualties as restricted.

Orders

  • Defenders (Bernard's Trustees) to pay the casualty due on Bernard's infeftment as his representatives.
  • Defenders to pay the casualty of relief due on their own infeftment as trustees, restricted to £8, 5s.