M'ara and others v. Anderson [1913] ScotLR 713 (04 June 1913)

M'ara and others v. Anderson [1913] ScotLR 713 (04 June 1913)

Service of the statutory schedule of intimation, requisition, and protest is sufficient in law to constitute a demand for immediate payment, and upon non-payment, the debtor is in default, entitling the creditor to raise an action of maills and duties without waiting three months.

Citation
[1913] ScotLR 713
Parties
Pursuers: Alexander Buttery M'Ara, Bathville House, Armadale, and others; Defender: John Anderson, builder, Airdrie; Defender (for Interest): Mary Anderson, Airdrie, and others
Jurisdiction
Scotland
Judgment Date
04 June 1913
Procedural Posture
Civil Appeal / Appeal From Sheriff and Sheriff Substitute to Inner House, Court of Session
Outcome
Appeal allowed; interlocutors of Sheriff-Substitute and Sheriff recalled; cause remitted to Sheriff-Substitute to proceed as just.
Legal Topics
Bond and Disposition in Security, Maills and Duties, Default in Payment, Titles to Land Consolidation (scotland) Act 1868, Heritable Securities
Property Law Secured Transactions Bond and Disposition in Security Maills and Duties Default in Payment Titles to Land Consolidation (scotland) Act 1868 Heritable Securities

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Parties

Alexander Buttery M'Ara, Bathville House, Armadale, and others

Pursuers

John Anderson, builder, Airdrie

Defender

Mary Anderson, Airdrie, and others

Defender (for Interest)

Procedural Posture

Civil Appeal / Appeal From Sheriff and Sheriff Substitute to Inner House, Court of Session

Legal Issues

  1. 1 Whether service of a schedule of intimation, requisition, and protest under the Titles to Land Consolidation (Scotland) Act 1868 is sufficient to put the debtor in default for the purposes of raising an action of maills and duties before expiry of three months.

Ratio Decidendi

Service of the statutory schedule of intimation, requisition, and protest is sufficient in law to constitute a demand for immediate payment, and upon non-payment, the debtor is in default, entitling the creditor to raise an action of maills and duties without waiting three months.

Court Disposition

Appeal allowed; interlocutors of Sheriff-Substitute and Sheriff recalled; cause remitted to Sheriff-Substitute to proceed as just.

Orders

  • Recall interlocutors of Sheriff-Substitute and Sheriff.
  • Remit cause to Sheriff-Substitute to proceed as may be just.