Mackenzie's Trustees v. Somerville [1900] ScotLR 37_953 (18 July 1900)
The farms in dispute are predominantly pastoral; therefore, the rents conventionally payable at Whitsunday 1898 were legally due at Martinmas 1897 for possession prior to purchaser's entry. Under the statutory assignation, these rents belong to the seller, not the purchaser.
- Citation
- [1900] ScotLR 37_953
- Parties
- Pursuer: Mackenzie's Trustees; Defender: John Somerville
- Jurisdiction
- Scotland
- Judgment Date
- 18 July 1900
- Procedural Posture
- Civil / Appeal (reclaiming Motion)
- Outcome
- appeal dismissed; interlocutor of Lord Ordinary adhered to
- Legal Topics
- Assignation of Rents, Sale of Heritage, Legal Vs Conventional Terms, Titles to Land Consolidation (scotland) Act 1868
Case Brief
Summary, issues, holding and outcome
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Parties
Mackenzie's Trustees
Pursuer
John Somerville
Defender
Procedural Posture
Civil / Appeal (reclaiming Motion)
Legal Issues
- 1 Whether the farms in question are to be classified as pastoral or arable for the purpose of rent assignation under the Titles to Land Consolidation (Scotland) Act 1868
- 2 Whether the rents collected at Whitsunday 1898 legally belonged to the seller or purchaser
Ratio Decidendi
The farms in dispute are predominantly pastoral; therefore, the rents conventionally payable at Whitsunday 1898 were legally due at Martinmas 1897 for possession prior to purchaser's entry. Under the statutory assignation, these rents belong to the seller, not the purchaser.
Court Disposition
appeal dismissed; interlocutor of Lord Ordinary adhered to
Orders
- Defender to pay pursuers £1182, 10s. with interest
- Pursuers entitled to expenses
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