Scottish Union and National Insurance Co. v. Smeaton [1904] ScotLR 42_162 (01 December 1904)

Scottish Union and National Insurance Co. v. Smeaton [1904] ScotLR 42_162 (01 December 1904)

Section 5 of the Heritable Securities (Scotland) Act 1894 does not entitle a creditor holding an assignation in security from a liferentrix to obtain summary ejection of the liferentrix, as the section applies only to proprietors in fee and not to liferenters; the creditor cannot acquire greater rights than the liferenter possessed.

Citation
[1904] ScotLR 42_162
Parties
Pursuer/respondent: Scottish Union and National Insurance Company; Defender/appellant: Mrs Mary Margaret Young or Smeaton; Defender: Elizabeth Margaret Smeaton
Jurisdiction
Scotland
Judgment Date
01 December 1904
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal sustained; action dismissed
Legal Topics
Heritable Security, Liferent, Summary Ejection, Statutory Interpretation
Property Law Secured Transactions Scots Law Heritable Security Liferent Summary Ejection Statutory Interpretation

Case Brief

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Parties

Scottish Union and National Insurance Company

Pursuer/respondent

Mrs Mary Margaret Young or Smeaton

Defender/appellant

Elizabeth Margaret Smeaton

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a creditor holding an assignation in security from a liferentrix can obtain summary ejection of the liferentrix under section 5 of the Heritable Securities (Scotland) Act 1894.
  2. 2 Whether the term 'proprietor' in section 5 of the Act includes a liferentrix.

Ratio Decidendi

Section 5 of the Heritable Securities (Scotland) Act 1894 does not entitle a creditor holding an assignation in security from a liferentrix to obtain summary ejection of the liferentrix, as the section applies only to proprietors in fee and not to liferenters; the creditor cannot acquire greater rights than the liferenter possessed.

Court Disposition

appeal sustained; action dismissed

Orders

  • Sheriff-Substitute's interlocutor recalled
  • Action for summary ejection dismissed