Duke of Argyll v. Riddell [1911] ScotLR 342 (11 March 1911)

Duke of Argyll v. Riddell [1911] ScotLR 342 (11 March 1911)

The defender, Miss Riddell, is liable to pay composition for two-thirds of the estate because, as regards those shares, she is not the heir under the former investiture of 1849 but succeeds only by virtue of the entail of 1851. The superior's reservation of the right to claim composition in the writ of confirmation of 1872 is effective and enforceable against her. The law, as settled by precedent, allows such a reservation, and the defender's succession to two-thirds of the estate as a singular successor triggers the liability for composition.

Citation
[1911] ScotLR 342
Parties
Pursuer: Duke of Argyll; Defender: Louisa Margaretta Riddell of Sunart
Jurisdiction
Scotland
Judgment Date
11 March 1911
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; judgment for pursuer affirmed.
Legal Topics
Superior and Vassal, Casualty, Composition, Relief Duty, Entail, Investiture, Heir of Line, Heir of Provision
Property Law Feudal Law Scottish Conveyancing Superior and Vassal Casualty Composition Relief Duty Entail +3 more

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Parties

Duke of Argyll

Pursuer

Louisa Margaretta Riddell of Sunart

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the defender is liable to pay composition or merely relief for two-thirds of the estate upon succession under an entail differing from the prior investiture.
  2. 2 Whether the superior's reservation of right to claim composition in the writ of confirmation is effective against the defender.

Ratio Decidendi

The defender, Miss Riddell, is liable to pay composition for two-thirds of the estate because, as regards those shares, she is not the heir under the former investiture of 1849 but succeeds only by virtue of the entail of 1851. The superior's reservation of the right to claim composition in the writ of confirmation of 1872 is effective and enforceable against her. The law, as settled by precedent, allows such a reservation, and the defender's succession to two-thirds of the estate as a singular successor triggers the liability for composition.

Court Disposition

Appeal dismissed; judgment for pursuer affirmed.

Orders

  • Defender to pay composition of two-thirds of one year's rent or annual value of the lands, and one-third of the annual feu-duty, as claimed by the pursuer.
  • Defender to make payment forthwith to the pursuer, Duke of Argyll, of the sum to be ascertained as two-thirds of one year's rent or annual value and one-third of the feu-duty.