Love v. Love and Others [1907] ScotLR 649 (19 March 1907)

Love v. Love and Others [1907] ScotLR 649 (19 March 1907)

The Scottish Court of Session has jurisdiction over disputes concerning heritable property situated in Scotland, even if the defender is resident abroad, because only the Scottish courts can determine rights and effect transfers relating to such property.

Source-derived case information.

Citation
[1907] ScotLR 649
Parties
Pursuer/respondent: Mrs Margaret Marshall or Love; Defender/reclaimer: Andrew Love; Defenders: Others (called for interest)
Jurisdiction
Scotland
Judgment Date
19 March 1907
Procedural Posture
Civil Declarator / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
Defender's plea of no jurisdiction repelled; interlocutor of Lord Ordinary adhered to; proof allowed before answer regarding the third bond.
Legal Topics
Jurisdiction Over Foreign Resident, Heritable Property, Married Women's Property Rights, Bonds and Dispositions in Security
Jurisdiction Family Law Property Law Jurisdiction Over Foreign Resident Heritable Property Married Women's Property Rights Bonds and Dispositions in Security

Source-derived case record

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Parties

Mrs Margaret Marshall or Love

Pursuer/respondent

Andrew Love

Defender/reclaimer

Others (called for interest)

Defenders

Procedural Posture

Civil Declarator / Inner House, First Division, Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Scottish Court of Session has jurisdiction over a dispute concerning heritable property in Scotland when the defender is resident abroad
  2. 2 Whether the pursuer is entitled to deal with bonds and dispositions in security over Scottish heritage without her husband's consent

Ratio Decidendi

The Scottish Court of Session has jurisdiction over disputes concerning heritable property situated in Scotland, even if the defender is resident abroad, because only the Scottish courts can determine rights and effect transfers relating to such property.

Court Disposition

Defender's plea of no jurisdiction repelled; interlocutor of Lord Ordinary adhered to; proof allowed before answer regarding the third bond.

Orders

  • Declarator granted in pursuer's favour regarding the first two bonds and dispositions in security.
  • Proof allowed before answer regarding the third bond.