Macrae v. Leith [1913] ScotLR 406 (28 January 1913)

Macrae v. Leith [1913] ScotLR 406 (28 January 1913)

A heritable creditor in possession is entitled to delivery of leases and documents evidencing contractual relations with tenants for purposes such as appearing before the Land Court. A factor's lien does not entitle the factor to retain such documents against the heritable creditor. Only law agents have a right of retention against all others, and this right does not extend to estate factors.

Citation
[1913] ScotLR 406
Parties
Petitioner: Sir Colin G. Macrae; Respondent: David Leith
Jurisdiction
Scotland
Judgment Date
28 January 1913
Procedural Posture
Petition for Delivery of Estate Documents / Judgment on Petition
Outcome
Petition granted in part
Legal Topics
Heritable Security, Lien, Right to Documents, Factor's Lien, Creditor in Possession
Property Law Security Rights Agency Law Heritable Security Lien Right to Documents Factor's Lien Creditor in Possession

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Parties

Sir Colin G. Macrae

Petitioner

David Leith

Respondent

Procedural Posture

Petition for Delivery of Estate Documents / Judgment on Petition

Legal Issues

  1. 1 Whether a heritable creditor in possession is entitled to delivery of leases and estate documents from the estate factor.
  2. 2 Whether a factor's lien entitles the factor to retain such documents against the heritable creditor.

Ratio Decidendi

A heritable creditor in possession is entitled to delivery of leases and documents evidencing contractual relations with tenants for purposes such as appearing before the Land Court. A factor's lien does not entitle the factor to retain such documents against the heritable creditor. Only law agents have a right of retention against all others, and this right does not extend to estate factors.

Court Disposition

Petition granted in part

Orders

  • Respondent ordered to deliver up to the petitioner the whole leases mentioned in the petition within eight days.
  • Respondent ordered to lodge in process within eight days an inventory of all other writs and documents in his possession.