Earl of Lauderdale v. Wedderburn [1904] ScotLR 42_222 (16 December 1904)

Earl of Lauderdale v. Wedderburn [1904] ScotLR 42_222 (16 December 1904)

Diligence for recovery of documents was granted because the documents sought were historical and necessary for the defender to prove his pedigree in a claim to a dignity, and did not affect the pursuer's title to lands. The usual restrictions applicable to land title disputes did not apply.

Citation
[1904] ScotLR 42_222
Parties
Pursuer: Frederick Henry, Earl of Lauderdale; Defender: Henry Scrymgeour Wedderburn of Wedderburn; Defender: Rev. Ronald Cameron Scrymgeour
Jurisdiction
Scotland
Judgment Date
16 December 1904
Procedural Posture
Civil / Interlocutory Application for Diligence (recovery of Documents) in Action for Declarator
Outcome
diligence granted
Legal Topics
Recovery of Documents, Proof of Pedigree, Claim to Dignity, Diligence, Evidence
Civil Procedure Scots Law Nobility Law Recovery of Documents Proof of Pedigree Claim to Dignity Diligence Evidence

Case Brief

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Parties

Frederick Henry, Earl of Lauderdale

Pursuer

Henry Scrymgeour Wedderburn of Wedderburn

Defender

Rev. Ronald Cameron Scrymgeour

Defender

Procedural Posture

Civil / Interlocutory Application for Diligence (recovery of Documents) in Action for Declarator

Legal Issues

  1. 1 Whether diligence for recovery of documents relating to a dignity and pedigree (not being titles to lands) should be granted in a declarator action for hereditary office.
  2. 2 Whether the defender is entitled to recover historical documents from the pursuer to prove pedigree.

Ratio Decidendi

Diligence for recovery of documents was granted because the documents sought were historical and necessary for the defender to prove his pedigree in a claim to a dignity, and did not affect the pursuer's title to lands. The usual restrictions applicable to land title disputes did not apply.

Court Disposition

diligence granted

Orders

  • Diligence for recovery of documents granted in terms of the amended specification.