Macandrew v. Dods [1907] ScotLR 49 (31 October 1907)

Macandrew v. Dods [1907] ScotLR 49 (31 October 1907)

The Court affirmed the Dean of Guild's interlocutor sisting the cause, holding that the presence of disputed questions of fact and construction of titles necessitated inquiry in an action at law rather than summary determination by the Dean of Guild Court.

Citation
[1907] ScotLR 49
Parties
Petitioner: Colin Macandrew; Respondent: John Dods
Jurisdiction
Scotland
Judgment Date
31 October 1907
Procedural Posture
Appeal / Interlocutor Affirmed, Cause Sisted for Action at Law
Outcome
interlocutor affirmed, cause sisted for action at law
Legal Topics
Building Restrictions, Servitudes, Jurisdiction, Heritable Rights
Property Law Civil Procedure Building Restrictions Servitudes Jurisdiction Heritable Rights

Case Brief

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Parties

Colin Macandrew

Petitioner

John Dods

Respondent

Procedural Posture

Appeal / Interlocutor Affirmed, Cause Sisted for Action at Law

Legal Issues

  1. 1 Whether proposed buildings contravene title restrictions
  2. 2 Whether Dean of Guild Court has jurisdiction over disputed heritable rights
  3. 3 Whether building restrictions constitute real burdens or servitudes

Ratio Decidendi

The Court affirmed the Dean of Guild's interlocutor sisting the cause, holding that the presence of disputed questions of fact and construction of titles necessitated inquiry in an action at law rather than summary determination by the Dean of Guild Court.

Court Disposition

interlocutor affirmed, cause sisted for action at law

Orders

  • Affirmed interlocutor of Dean of Guild dated August 8th 1907
  • Remitted cause to Dean of Guild