Johnston v. Johnston [1904] ScotLR 41_582 (27 May 1904)

Johnston v. Johnston [1904] ScotLR 41_582 (27 May 1904)

The letter granted only a personal right of occupation to the pursuer during his life, not a liferent or proprietary right; therefore, the pursuer could not deal with the property as his own or claim rents.

Citation
[1904] ScotLR 41_582
Parties
Pursuer: Thomas Johnston; Defender: William Johnston; Defender: Alexander Johnston
Jurisdiction
Scotland
Judgment Date
27 May 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; judgment for defenders affirmed
Legal Topics
Liferent, Personal Right of Occupation, Interpretation of Grant, Donation
Property Law Liferent Personal Right of Occupation Interpretation of Grant Donation

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Johnston

Pursuer

William Johnston

Defender

Alexander Johnston

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a holograph letter granting 'use of' a dwelling-house during life constitutes a liferent right or only a personal right of occupation.

Ratio Decidendi

The letter granted only a personal right of occupation to the pursuer during his life, not a liferent or proprietary right; therefore, the pursuer could not deal with the property as his own or claim rents.

Court Disposition

appeal dismissed; judgment for defenders affirmed

Orders

  • assoilzies (absolves) the defenders from the conclusions of the action
  • decerns (pronounces judgment) in favour of the defenders