Lady Howard de Walden Petitioner [1900] ScotLR 37_836 (29 June 1900)

Lady Howard de Walden Petitioner [1900] ScotLR 37_836 (29 June 1900)

Section 10 of the Conveyancing (Scotland) Act 1874 does not apply to completion of title for a liferent annuity, as the right is not to 'lands' but to an 'estate in land', and the procedure is limited to subjects feudally vested as 'lands'.

Citation
[1900] ScotLR 37_836
Parties
Petitioner: Blanche Baroness Howard de Walden; Deceased Heir of Entail: Frederick George Ellis Scott Baron Howard de Walden; Deceased Prior Proprietor: Lucy Joan Scott Baroness Howard de Walden
Jurisdiction
Scotland
Judgment Date
29 June 1900
Procedural Posture
Petition / Appeal From Sheriff of Chancery Decision
Outcome
petition refused; appeal dismissed; Sheriff's interlocutor affirmed
Legal Topics
Completion of Title, Entail, Liferent Annuity, Interpretation of Statutory Terms
Property Law Conveyancing Succession Completion of Title Entail Liferent Annuity Interpretation of Statutory Terms

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Parties

Blanche Baroness Howard de Walden

Petitioner

Frederick George Ellis Scott Baron Howard de Walden

Deceased Heir of Entail

Lucy Joan Scott Baroness Howard de Walden

Deceased Prior Proprietor

Procedural Posture

Petition / Appeal From Sheriff of Chancery Decision

Legal Issues

  1. 1 Whether section 10 of the Conveyancing (Scotland) Act 1874 applies to completion of title for a liferent annuity granted out of entailed lands
  2. 2 Whether the petitioner's right constitutes 'lands' or merely an 'estate in land' under the Act

Ratio Decidendi

Section 10 of the Conveyancing (Scotland) Act 1874 does not apply to completion of title for a liferent annuity, as the right is not to 'lands' but to an 'estate in land', and the procedure is limited to subjects feudally vested as 'lands'.

Court Disposition

petition refused; appeal dismissed; Sheriff's interlocutor affirmed

Orders

  • Prayer of the petition refused
  • Court adheres to Sheriff's judgment