Commercial Union Assurance Co., Ltd v. Waddell and Another [1917] ScotLR 497 (22 June 1917)

Commercial Union Assurance Co., Ltd v. Waddell and Another [1917] ScotLR 497 (22 June 1917)

The Court held that the term 'duplicand' in the feu contract has a fixed technical meaning in Scots feudal law, requiring payment of twice the feu-duty in addition to the feu-duty for the year in which it falls due. The use of 'duplication' or 'composition' elsewhere in the contract did not alter this meaning. Prior acceptance of a lesser sum by the superiors did not bar them from claiming the correct amount in subsequent years.

Citation
[1917] ScotLR 497
Parties
Pursuer: Commercial Union Assurance Company, Limited; Defender: Miss Margaret Waddell and another
Jurisdiction
Scotland
Judgment Date
22 June 1917
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Feu Contract, Feudal Casualties, Interpretation of 'duplicand', Compensation for Redemption of Casualties
Property Law Feudal Law Feu Contract Feudal Casualties Interpretation of 'duplicand' Compensation for Redemption of Casualties

Case Brief

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Parties

Commercial Union Assurance Company, Limited

Pursuer

Miss Margaret Waddell and another

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether 'duplicand' in the feu contract means twice the annual feu-duty in addition to the feu-duty for the year, or only one additional feu-duty over and above the annual feu-duty for the year in which the duplicand falls due.
  2. 2 Whether prior acceptance of a lesser sum by the superiors bars them from claiming the higher sum in subsequent years.

Ratio Decidendi

The Court held that the term 'duplicand' in the feu contract has a fixed technical meaning in Scots feudal law, requiring payment of twice the feu-duty in addition to the feu-duty for the year in which it falls due. The use of 'duplication' or 'composition' elsewhere in the contract did not alter this meaning. Prior acceptance of a lesser sum by the superiors did not bar them from claiming the correct amount in subsequent years.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Defenders (Waddell and another) to pay twice the feu-duty as duplicand in addition to the feu-duty for the year at each twentieth year as per the feu contract.
  • No relevant averments to support defenders' plea of bar; plea repelled.