Smith-Shand's Trustees and Another v. Forbes [1921] ScotLR 554 (02 July 1921)

Smith-Shand's Trustees and Another v. Forbes [1921] ScotLR 554 (02 July 1921)

The pursuers had no common interest in the redemption of each other's casualties; the action was incompetent as a joint suit, but could be amended to proceed at the instance of one pursuer.

Citation
[1921] ScotLR 554
Parties
Pursuer: Miss Mary Jane Smith-Shand and others, testamentary trustees of the late Mrs Anna Stuart or Smith-Shand; Pursuer: William Macintosh, factor and commissioner for the trustees of the late Duke of Fife; Defender: Sir Charles Stewart Forbes of Newe and Edinglassie
Jurisdiction
Scotland
Judgment Date
02 July 1921
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
interlocutor recalled; defender's first plea-in-law sustained; cause continued for amendment
Legal Topics
Competency of Joint Action, Redemption of Feudal Casualties, Apportionment of Feu Duty, Community of Interest
Property Law Feudal Law Competency of Joint Action Redemption of Feudal Casualties Apportionment of Feu Duty Community of Interest

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Parties

Miss Mary Jane Smith-Shand and others, testamentary trustees of the late Mrs Anna Stuart or Smith-Shand

Pursuer

William Macintosh, factor and commissioner for the trustees of the late Duke of Fife

Pursuer

Sir Charles Stewart Forbes of Newe and Edinglassie

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether different superiors of adjoining lands held by the same vassal can sue jointly for redemption of casualties
  2. 2 Whether the action is competent given the lack of common interest

Ratio Decidendi

The pursuers had no common interest in the redemption of each other's casualties; the action was incompetent as a joint suit, but could be amended to proceed at the instance of one pursuer.

Court Disposition

interlocutor recalled; defender's first plea-in-law sustained; cause continued for amendment

Orders

  • Action to be amended to proceed at the instance of one pursuer; pursuers to submit necessary minute of amendment