Morison v. A. & D. F. Lockhart [1912] ScotLR 865 (11 June 1912)

Morison v. A. & D. F. Lockhart [1912] ScotLR 865 (11 June 1912)

A contract for the sale of growing timber by an heir of entail in possession does not bind the succeeding heir after the seller's death, as the timber remains part of the entailed estate until severed. The Sale of Goods Act 1893 does not alter this rule, and the purchaser's right to cut timber ceases on the death of the seller. The succeeding heir is entitled to interdict the purchaser from further cutting.

Citation
[1912] ScotLR 865
Parties
Pursuer/respondent: Alexander Edward Forbes Morison; Defenders/appellants: A. & D. F. Lockhart
Jurisdiction
Scotland
Judgment Date
11 June 1912
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal dismissed; interlocutors of Sheriff-Substitute affirmed
Legal Topics
Entail, Sale of Goods, Passing of Property, Heir in Possession, Growing Timber, Personal Contracts and Succession
Property Law Succession Law Contract Law Entail Sale of Goods Passing of Property Heir in Possession Growing Timber +1 more

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Parties

Alexander Edward Forbes Morison

Pursuer/respondent

A. & D. F. Lockhart

Defenders/appellants

Procedural Posture

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

Legal Issues

  1. 1 Whether a contract for the sale of growing timber by an heir of entail in possession binds the succeeding heir after the seller's death
  2. 2 Whether the Sale of Goods Act 1893 alters the law regarding the passing of property in growing timber under such contracts

Ratio Decidendi

A contract for the sale of growing timber by an heir of entail in possession does not bind the succeeding heir after the seller's death, as the timber remains part of the entailed estate until severed. The Sale of Goods Act 1893 does not alter this rule, and the purchaser's right to cut timber ceases on the death of the seller. The succeeding heir is entitled to interdict the purchaser from further cutting.

Court Disposition

appeal dismissed; interlocutors of Sheriff-Substitute affirmed

Orders

  • interdict already granted declared perpetual
  • pursuer entitled to expenses on the lower scale