Wallace v University Court of St Andrews [1904] ScotCS CSIH_2 (20 July 1904)

Wallace v University Court of St Andrews [1904] ScotCS CSIH_2 (20 July 1904)

The defenders' title, based on a charter confirmed by the Crown and Parliament and followed by uninterrupted possession for more than forty years, is indefeasible and superior to the pursuer's unperfected and unpossessed personal title under the contract of excambion.

Citation
[1904] ScotCS CSIH_2
Parties
Pursuer: Wallace; Defender: University Court of St Andrews
Jurisdiction
Scotland
Judgment Date
20 July 1904
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed; interlocutor of the Lord Ordinary affirmed
Legal Topics
Heritable Title, Glebe Lands, Prescription, Sasine, Excambion, Possession
Property Law Succession Law Heritable Title Glebe Lands Prescription Sasine Excambion Possession

Case Brief

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Parties

Wallace

Pursuer

University Court of St Andrews

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the pursuer is entitled to a declarator that the lands known as Cockshaugh and Toll Park are the glebe of the parish of St Leonard and belong heritably to him and his successors in the cure.
  2. 2 Whether the defenders have an indefeasible heritable title to the lands in question based on charter, possession, and prescription.
  3. 3 Whether the contract of excambion in 1854 conferred a heritable title on the pursuer.

Ratio Decidendi

The defenders' title, based on a charter confirmed by the Crown and Parliament and followed by uninterrupted possession for more than forty years, is indefeasible and superior to the pursuer's unperfected and unpossessed personal title under the contract of excambion.

Court Disposition

appeal dismissed; interlocutor of the Lord Ordinary affirmed

Orders

  • Defenders assoilzied (absolved) from the conclusions of the summons.
  • Affirmation of the Lord Ordinary's interlocutor, with deletion of the words 'or at least for twenty years'.