Menzies v. M'Kenna and Others [1914] ScotLR 205 (16 January 1914)

Menzies v. M'Kenna and Others [1914] ScotLR 205 (16 January 1914)

An action of declarator of heirship without executorial conclusions is incompetent in the Court of Session where no heritable right is involved, and the Royal Warrant instituting a roll of baronets does not alter this position. The Court of Session will not grant declarator merely to provide evidence for use in another forum.

Citation
[1914] ScotLR 205
Parties
Pursuer and Reclaimer: David Prentice Menzies; Defenders and Respondents: Right Honourable Reginald M'Kenna, His Majesty's Secretary of State for the Home Department, and others
Jurisdiction
Scotland
Judgment Date
16 January 1914
Procedural Posture
Action of Declarator / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
appeal dismissed; action held incompetent
Legal Topics
Competency of Declarator Actions, Jurisdiction of Court of Session, Declarator of Heirship, Effect of Royal Warrant on Baronetcy Claims
Civil Procedure Succession Law Public Law Competency of Declarator Actions Jurisdiction of Court of Session Declarator of Heirship Effect of Royal Warrant on Baronetcy Claims

Case Brief

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Parties

David Prentice Menzies

Pursuer and Reclaimer

Right Honourable Reginald M'Kenna, His Majesty's Secretary of State for the Home Department, and others

Defenders and Respondents

Procedural Posture

Action of Declarator / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Is an action of declarator of heirship without executorial conclusions competent in the Court of Session?
  2. 2 Does a Royal Warrant instituting a roll of baronets alter the jurisdiction or competency of the Court of Session in such matters?

Ratio Decidendi

An action of declarator of heirship without executorial conclusions is incompetent in the Court of Session where no heritable right is involved, and the Royal Warrant instituting a roll of baronets does not alter this position. The Court of Session will not grant declarator merely to provide evidence for use in another forum.

Court Disposition

appeal dismissed; action held incompetent

Orders

  • Court adhered to the Lord Ordinary's interlocutor dismissing the action.