Glasgow Corporation and Another v. Lord Blythswood and Others [1920] ScotLR 324 (11 March 1920)

Glasgow Corporation and Another v. Lord Blythswood and Others [1920] ScotLR 324 (11 March 1920)

The statutory obligation to pay fees to the town clerks of Glasgow, created by the Blythswood Acts of 1828 and 1844, is a right held by third parties lawfully affecting the heirs of entail in possession and their successors. Section 32 of the Rutherfurd Act 1848 expressly preserves such obligations notwithstanding disentailment. Each successive heir is liable only for fees accruing during his own period of possession. The disentail and re-entail did not extinguish or alter the obligation, nor did the change in the order of succession affect the character in which the heirs took the estate.

Citation
[1920] ScotLR 324
Parties
Pursuer: Glasgow Corporation and Sir John Lindsay, Town Clerk of the City and Royal Burgh of Glasgow; Defender: The Right Honourable Archibald Douglas Campbell, the present and fourth Lord Blythswood; Defender: Lord Blythswood and others, as trustees and executors of the third Lord Blythswood
Jurisdiction
Scotland
Judgment Date
11 March 1920
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
First declaratory conclusion of the summons dismissed; case remitted to Lord Ordinary for further inquiry on remaining conclusions.
Legal Topics
Entail, Statutory Obligations, Disentailment, Burdens on Land, Public Law Fees, Effect of Statutory Charges After Disentail
Property Law Statutory Interpretation Succession Law Entail Statutory Obligations Disentailment Burdens on Land Public Law Fees +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Glasgow Corporation and Sir John Lindsay, Town Clerk of the City and Royal Burgh of Glasgow

Pursuer

The Right Honourable Archibald Douglas Campbell, the present and fourth Lord Blythswood

Defender

Lord Blythswood and others, as trustees and executors of the third Lord Blythswood

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does the statutory obligation to pay fees to the town clerks of Glasgow under the Blythswood Acts of 1828 and 1844 survive a disentail and re-entail of the Blythswood estates?
  2. 2 Are successive heirs of entail jointly and severally liable for all such fees, or only for those accruing during their own period of possession?

Ratio Decidendi

The statutory obligation to pay fees to the town clerks of Glasgow, created by the Blythswood Acts of 1828 and 1844, is a right held by third parties lawfully affecting the heirs of entail in possession and their successors. Section 32 of the Rutherfurd Act 1848 expressly preserves such obligations notwithstanding disentailment. Each successive heir is liable only for fees accruing during his own period of possession. The disentail and re-entail did not extinguish or alter the obligation, nor did the change in the order of succession affect the character in which the heirs took the estate.

Court Disposition

First declaratory conclusion of the summons dismissed; case remitted to Lord Ordinary for further inquiry on remaining conclusions.

Orders

  • Find that the statutory right to fees survives the disentail and remains valid and operative against successive heirs of entail in possession.
  • Find that each heir is liable only for fees accruing during his own period of possession.