Mackenzie Petitioner. v. Simpson Petitioner [1921] ScotLR 468 (27 May 1921)

Mackenzie Petitioner. v. Simpson Petitioner [1921] ScotLR 468 (27 May 1921)

The Court has no power to allocate a portion of feu-duties to the sinking fund in place of casualties, as the statute does not provide for this and the Court cannot modify statutory provisions. The expenses of the application must be declared a permanent burden on the glebe as per the statutory scheme.

Citation
[1921] ScotLR 468
Parties
Petitioner: Rev. Neil Kennedy Mackenzie; Petitioner: Rev. James S. Simpson
Jurisdiction
Scotland
Judgment Date
27 May 1921
Procedural Posture
Petition for Authority to Feu Glebe Land / Judgment on Application and Expenses
Outcome
application granted in part
Legal Topics
Glebe Lands, Feudal Tenure, Statutory Interpretation, Permanent Burdens, Sinking Fund
Property Law Ecclesiastical Law Glebe Lands Feudal Tenure Statutory Interpretation Permanent Burdens Sinking Fund

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Parties

Rev. Neil Kennedy Mackenzie

Petitioner

Rev. James S. Simpson

Petitioner

Procedural Posture

Petition for Authority to Feu Glebe Land / Judgment on Application and Expenses

Legal Issues

  1. 1 Whether the Court can allocate a portion of feu-duties to the sinking fund in place of casualties under the changed statutory regime
  2. 2 How expenses of application to feu glebe land are to be treated post-Feudal Casualties (Scotland) Act 1914

Ratio Decidendi

The Court has no power to allocate a portion of feu-duties to the sinking fund in place of casualties, as the statute does not provide for this and the Court cannot modify statutory provisions. The expenses of the application must be declared a permanent burden on the glebe as per the statutory scheme.

Court Disposition

application granted in part

Orders

  • Authority to feu the glebe granted.
  • Expenses of the application declared a permanent burden on the glebe, with interest as a first charge on the revenue until extinguished.