Governors of George Heriot's Trust v. Paton's Trustees [1912] ScotLR 852 (29 June 1912)

Governors of George Heriot's Trust v. Paton's Trustees [1912] ScotLR 852 (29 June 1912)

Where the original feu-duty was a fair and adequate return at the date of the feu-disposition, the superior is not entitled to demand a year's rent of the lands on entry of a singular successor, but is bound to accept the sum of the original feu-duty tendered by the vassal, regardless of subsequent redemption reducing the annual payment.

Citation
[1912] ScotLR 852
Parties
Pursuer: Governors of George Heriot's Trust; Defender: Paton's Trustees (Mrs F. E. Ingram or Paton, widow of James Paton of Avonhill, and others)
Jurisdiction
Scotland
Judgment Date
29 June 1912
Procedural Posture
Declarator and Payment of Composition / Appeal Before Inner House, First Division
Outcome
Superior's claim for a year's rent refused; defenders assoilzied from conclusions of the summons.
Legal Topics
Superior and Vassal, Composition, Sub Feu, Redemption of Feu Duty, Entry of Singular Successor
Property Law Feudal Law Superior and Vassal Composition Sub Feu Redemption of Feu Duty Entry of Singular Successor

Case Brief

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Parties

Governors of George Heriot's Trust

Pursuer

Paton's Trustees (Mrs F. E. Ingram or Paton, widow of James Paton of Avonhill, and others)

Defender

Procedural Posture

Declarator and Payment of Composition / Appeal Before Inner House, First Division

Legal Issues

  1. 1 Whether the superior is entitled to demand a year's rent of the lands or is bound to accept the original feu-duty as composition on entry of a singular successor after partial redemption of sub-feu-duty.

Ratio Decidendi

Where the original feu-duty was a fair and adequate return at the date of the feu-disposition, the superior is not entitled to demand a year's rent of the lands on entry of a singular successor, but is bound to accept the sum of the original feu-duty tendered by the vassal, regardless of subsequent redemption reducing the annual payment.

Court Disposition

Superior's claim for a year's rent refused; defenders assoilzied from conclusions of the summons.

Orders

  • Superior to accept £20 tendered by the vassal as composition.
  • No decree for a year's rent; decree for the sum consigned (£20).