Forth Bridge Railway Co. v. Dunfermline Guildry and Others [1909] ScotLR 399 (02 February 1909)

Forth Bridge Railway Co. v. Dunfermline Guildry and Others [1909] ScotLR 399 (02 February 1909)

Whinstone is a mineral within the meaning of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845. The disposition did not expressly convey the minerals, and under the statute, they are deemed excepted. The formal conveyance is unambiguous and supersedes prior arbitration proceedings; thus, the pursuers have no title to the whinstone rock, and the action is irrelevant.

Citation
[1909] ScotLR 399
Parties
Pursuer: Forth Bridge Railway Company; Defender: Dunfermline Guildry and Others (including Alexander Brunton & Son, Adam Brunton)
Jurisdiction
Scotland
Judgment Date
02 February 1909
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Action dismissed; interlocutor of Lord Ordinary affirmed.
Legal Topics
Mines and Minerals, Statutory Interpretation, Conveyancing, Arbitration Awards, Railway Land Acquisition
Property Law Railway Law Arbitration Law Mines and Minerals Statutory Interpretation Conveyancing Arbitration Awards Railway Land Acquisition

Case Brief

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Parties

Forth Bridge Railway Company

Pursuer

Dunfermline Guildry and Others (including Alexander Brunton & Son, Adam Brunton)

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether whinstone is a 'mineral' within the meaning of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845
  2. 2 Whether the pursuers acquired title to the whinstone rock under the disposition and arbitration award
  3. 3 Whether it is competent to refer to arbitration proceedings to interpret a formal conveyance following a decree-arbitral

Ratio Decidendi

Whinstone is a mineral within the meaning of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845. The disposition did not expressly convey the minerals, and under the statute, they are deemed excepted. The formal conveyance is unambiguous and supersedes prior arbitration proceedings; thus, the pursuers have no title to the whinstone rock, and the action is irrelevant.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary affirmed.

Orders

  • Action dismissed as irrelevant
  • Pursuers to pay expenses