Mackenzie v. Mackenzie (Mackenzie's Trustee) [1905] ScotLR 42_376 (17 February 1905)

Mackenzie v. Mackenzie (Mackenzie's Trustee) [1905] ScotLR 42_376 (17 February 1905)

A crofter who has become notour bankrupt has already forfeited his tenancy under section 3 of the Crofters Holdings (Scotland) Act 1886 and therefore has no power to renounce the tenancy under section 7. As a result, the trustee cannot compel the bankrupt to execute a renunciation to claim compensation for improvements, as the right to renounce no longer exists once the tenancy is forfeited.

Citation
[1905] ScotLR 42_376
Parties
Defender/appellant: Donald Mackenzie; Petitioner/respondent: James Murdo Mackenzie (Mackenzie's Trustee)
Jurisdiction
Scotland
Judgment Date
17 February 1905
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
appeal allowed; defender assoilzied (absolved)
Legal Topics
Crofters' Rights, Forfeiture of Tenancy, Bankruptcy and Sequestration, Compensation for Improvements, Statutory Interpretation
Bankruptcy Land Law Tenancy Crofters' Rights Forfeiture of Tenancy Bankruptcy and Sequestration Compensation for Improvements Statutory Interpretation

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Parties

Donald Mackenzie

Defender/appellant

James Murdo Mackenzie (Mackenzie's Trustee)

Petitioner/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a bankrupt crofter whose tenancy is already forfeited under section 3 of the Crofters Holdings (Scotland) Act 1886 can be compelled to renounce his tenancy under section 7 to enable the trustee to claim compensation for improvements.
  2. 2 Whether the right to compensation for improvements vests in the trustee in bankruptcy.

Ratio Decidendi

A crofter who has become notour bankrupt has already forfeited his tenancy under section 3 of the Crofters Holdings (Scotland) Act 1886 and therefore has no power to renounce the tenancy under section 7. As a result, the trustee cannot compel the bankrupt to execute a renunciation to claim compensation for improvements, as the right to renounce no longer exists once the tenancy is forfeited.

Court Disposition

appeal allowed; defender assoilzied (absolved)

Orders

  • The interlocutor of the Sheriff-Substitute is recalled.
  • The defender is assoilzied (absolved) from the conclusions of the petition.