Roscoe and Another v. Mackersy [1905] ScotLR 42_453 (16 March 1905)

Roscoe and Another v. Mackersy [1905] ScotLR 42_453 (16 March 1905)

None of the defender's objections to title were tenable; statutory requirements for advertisement and consignation were either fulfilled or immaterial due to absence of surplus; sale valid and pursuers entitled to implement and damages.

Citation
[1905] ScotLR 42_453
Parties
Pursuer: Mrs Annie Grierson Lee or Roscoe; Pursuer: Henry William Kent Roscoe; Defender: William Robert Mackersy
Jurisdiction
Scotland
Judgment Date
16 March 1905
Procedural Posture
Action for Implement and Damages / Inner House, Second Division, Reclaiming Note
Outcome
Defender's objections repelled; interlocutors affirmed; pursuers entitled to implement and damages.
Legal Topics
Sale by Heritable Creditor, Objections to Title, Titles to Land Consolidation Act 1868, Consignation of Surplus, Advertisement Requirements
Property Law Security Rights Sale by Heritable Creditor Objections to Title Titles to Land Consolidation Act 1868 Consignation of Surplus Advertisement Requirements

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Parties

Mrs Annie Grierson Lee or Roscoe

Pursuer

Henry William Kent Roscoe

Pursuer

William Robert Mackersy

Defender

Procedural Posture

Action for Implement and Damages / Inner House, Second Division, Reclaiming Note

Legal Issues

  1. 1 Whether the sale by heritable creditor was valid despite alleged defects in procedure
  2. 2 Whether the statutory period between advertisement and exposure was satisfied
  3. 3 Whether omission to specify bank for consignation of surplus invalidated sale

Ratio Decidendi

None of the defender's objections to title were tenable; statutory requirements for advertisement and consignation were either fulfilled or immaterial due to absence of surplus; sale valid and pursuers entitled to implement and damages.

Court Disposition

Defender's objections repelled; interlocutors affirmed; pursuers entitled to implement and damages.

Orders

  • Defender to implement contract of sale by accepting disposition and paying £130 within three weeks
  • Defender to pay damages of £25 for failure to implement