Earl of Loudoun v. Morton [1909] ScotLR 519 (24 February 1909)

Earl of Loudoun v. Morton [1909] ScotLR 519 (24 February 1909)

Where the defender cannot show that the lands in question are other than those over which the pursuer has a prescriptive title of superiority, and there is identity of description, the defender is liable for the casualty due to the superior.

Citation
[1909] ScotLR 519
Parties
Pursuer: Earl of Loudoun; Defender: Alexander Morton
Jurisdiction
Scotland
Judgment Date
24 February 1909
Procedural Posture
Action for Declarator and Payment of Casualty / Inner House Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; decree as craved adhered to.
Legal Topics
Superior and Vassal Relationship, Casualty Payment, Proof of Superior's Title, Identity of Land Description, Onus of Proof
Property Law Feudal Law Superior and Vassal Relationship Casualty Payment Proof of Superior's Title Identity of Land Description Onus of Proof

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Parties

Earl of Loudoun

Pursuer

Alexander Morton

Defender

Procedural Posture

Action for Declarator and Payment of Casualty / Inner House Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the defender is liable for payment of a casualty as vassal to the pursuer as superior of the lands in question
  2. 2 Whether the lands possessed by the defender are the same as those over which the pursuer has a prescriptive title of superiority
  3. 3 Whether the defender has shown that the lands are held of another superior

Ratio Decidendi

Where the defender cannot show that the lands in question are other than those over which the pursuer has a prescriptive title of superiority, and there is identity of description, the defender is liable for the casualty due to the superior.

Court Disposition

Appeal dismissed; decree as craved adhered to.

Orders

  • Defender found liable for payment of the casualty (one year's rent) to the pursuer.