Newton v Newton [1925] ScotCS CSIH_4 (17 June 1925)
A pursuer who expends money on property in the honest but mistaken belief that he is the owner is entitled to recompense from the true owner, even if he never had title, provided the belief was bona fide and the owner has benefited from the expenditure.
- Citation
- [1925] ScotCS CSIH_4
- Parties
- Pursuer: Newton; Defender: Newton
- Jurisdiction
- Scotland
- Judgment Date
- 17 June 1925
- Procedural Posture
- Civil Appeal / Appeal From Sheriff Substitute to Court of Session Inner House
- Outcome
- appeal dismissed; interlocutor of Sheriff-substitute affirmed
- Legal Topics
- Recompense, Bona Fide Expenditure, Parole Evidence, Ownership, Donation, Title to Property
Case Brief
Summary, issues, holding and outcome
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Parties
Newton
Pursuer
Newton
Defender
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute to Court of Session Inner House
Legal Issues
- 1 Whether the pursuer is entitled to recompense for expenditure on property held in the defender's name under the mistaken belief of ownership
- 2 Whether parole evidence is admissible to prove the pursuer's belief and intention
- 3 Whether a claim for recompense requires a bad title or merely a bona fide belief in title
Ratio Decidendi
A pursuer who expends money on property in the honest but mistaken belief that he is the owner is entitled to recompense from the true owner, even if he never had title, provided the belief was bona fide and the owner has benefited from the expenditure.
Court Disposition
appeal dismissed; interlocutor of Sheriff-substitute affirmed
Orders
- Defender to pay £250 to pursuer as recompense for expenditure on the house
Full Case Text
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