Bathgate Heritor v. Russell [1908] ScotLR 714 (12 December 1908)

The heritors, as a quasi corporation, have title to sue to protect the churchyard property from encroachment.

Citation: [1908] ScotLR 714
Parties: Complainers: Heritors of the Parish of Bathgate and John Wright, clerk to and as representing them; Respondents: William Russell and the Bathgate Corn Exchange Company
Jurisdiction: Scotland
Judgment Date: 12 December 1908
Procedural Posture: Note of Suspension and Interdict / Plea to Title to Sue; Before Answer Allowed a Proof
Outcome: First plea-in-law for respondents repelled; proof allowed before answer; case subsequently settled.
Legal Topics: Title to Sue, Heritors' Rights, Churchyard Encroachment

Case Brief

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Heritors of the Parish of Bathgate and John Wright, clerk to and as representing them

Complainers

William Russell and the Bathgate Corn Exchange Company

Respondents

Note of Suspension and Interdict / Plea to Title to Sue; Before Answer Allowed a Proof

1 Whether the heritors and their clerk had title to sue in respect of proposed encroachments on the churchyard.

The heritors, as a quasi corporation, have title to sue to protect the churchyard property from encroachment.

First plea-in-law for respondents repelled; proof allowed before answer; case subsequently settled.