Anderson v. M'Gown [1911] ScotLR 417 (31 January 1911)

Anderson v. M'Gown [1911] ScotLR 417 (31 January 1911)

The action was based on a personal contract for payment of a share of disbursements in a joint adventure, not on a competition of heritable right or title. No plea or issue raised a real question of heritable right or title. Therefore, the remit to the Court of Session was incompetent under the statute.

Citation
[1911] ScotLR 417
Parties
Pursuer: William Anderson junior; Defender: Andrew M'Gown; Defender (for Interest Only): Charles A. Cameron
Jurisdiction
Scotland
Judgment Date
31 January 1911
Procedural Posture
Civil (remit From Sheriff Court) / Motion to Remit to Court of Session; Objection to Competency of Remit
Outcome
Objection to remit sustained; cause remitted back to Sheriff Court; pursuer awarded modified expenses.
Legal Topics
Remit of Cause, Competency of Sheriff Court Jurisdiction, Heritable Right or Title, Joint Adventure, Personal Contract
Civil Procedure Contract Law Remit of Cause Competency of Sheriff Court Jurisdiction Heritable Right or Title Joint Adventure Personal Contract

Case Brief

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Parties

William Anderson junior

Pursuer

Andrew M'Gown

Defender

Charles A. Cameron

Defender (for Interest Only)

Procedural Posture

Civil (remit From Sheriff Court) / Motion to Remit to Court of Session; Objection to Competency of Remit

Legal Issues

  1. 1 Whether the action relates to a question of heritable right or title within the meaning of section 5 of the Sheriff Courts (Scotland) Act 1907, justifying remit to the Court of Session.

Ratio Decidendi

The action was based on a personal contract for payment of a share of disbursements in a joint adventure, not on a competition of heritable right or title. No plea or issue raised a real question of heritable right or title. Therefore, the remit to the Court of Session was incompetent under the statute.

Court Disposition

Objection to remit sustained; cause remitted back to Sheriff Court; pursuer awarded modified expenses.

Orders

  • Cause remitted back to Sheriff Court at Dumbarton.
  • Pursuer awarded modified expenses of £7, 7s.