Price v Watson [1951] ScotCS CSIH_2 (27 February 1951)

Price v Watson [1951] ScotCS CSIH_2 (27 February 1951)

An action of ejection is incompetent between pro indiviso proprietors; the proper remedy for disputes about possession is an action of division and sale. Ejection is only available against outsiders or those without title to possess, not against co-owners.

Citation
[1951] ScotCS CSIH_2
Parties
Pursuer: Price; Defender: Watson
Jurisdiction
Scotland
Judgment Date
27 February 1951
Procedural Posture
Civil Appeal / Appeal From Sheriff Court
Outcome
interlocutors recalled; action sisted to enable pursuer to bring division and sale
Legal Topics
Co Ownership, Pro Indiviso Proprietors, Ejection, Division and Sale, Remedies for Co Owners
Property Law Co Ownership Pro Indiviso Proprietors Ejection Division and Sale Remedies for Co Owners

Case Brief

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Parties

Price

Pursuer

Watson

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court

Legal Issues

  1. 1 Whether one pro indiviso proprietor can bring an action of ejection against another co-proprietor who has taken exclusive possession of part of the common property without consent.

Ratio Decidendi

An action of ejection is incompetent between pro indiviso proprietors; the proper remedy for disputes about possession is an action of division and sale. Ejection is only available against outsiders or those without title to possess, not against co-owners.

Court Disposition

interlocutors recalled; action sisted to enable pursuer to bring division and sale

Orders

  • Recall of interlocutors appealed against
  • Action sisted to enable pursuer to bring action of division and sale