Wigan v. Cripps [1908] ScotLR 295 (10 January 1908)

Wigan v. Cripps [1908] ScotLR 295 (10 January 1908)

The rents legally payable at Whitsunday 1905 were assigned to the defender under the statutory clause, and the pursuer is entitled to no part thereof. The rents legally payable at Martinmas 1904, but conventionally payable at Whitsunday 1905, are to be apportioned between the parties in terms of the minute of sale, which is not superseded by the disposition.

Citation
[1908] ScotLR 295
Parties
Pursuer: Lewis James Wigan; Defender: William Harrison Cripps
Jurisdiction
Scotland
Judgment Date
10 January 1908
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Lord Ordinary's interlocutor recalled; defender's second and third pleas-in-law sustained.
Legal Topics
Sale of Heritage, Assignation of Rents, Apportionment of Rents, Titles to Land Consolidation (scotland) Act 1868
Property Law Contract Law Sale of Heritage Assignation of Rents Apportionment of Rents Titles to Land Consolidation (scotland) Act 1868

Case Brief

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Parties

Lewis James Wigan

Pursuer

William Harrison Cripps

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether rents legally payable at Whitsunday 1905 but conventionally payable at Martinmas 1905 are assigned to the purchaser under statutory assignation of rents
  2. 2 Whether rents legally payable at Martinmas 1904 but conventionally payable at Whitsunday 1905 should be apportioned between seller and purchaser under the minute of sale
  3. 3 Whether the minute of sale is superseded by the disposition

Ratio Decidendi

The rents legally payable at Whitsunday 1905 were assigned to the defender under the statutory clause, and the pursuer is entitled to no part thereof. The rents legally payable at Martinmas 1904, but conventionally payable at Whitsunday 1905, are to be apportioned between the parties in terms of the minute of sale, which is not superseded by the disposition.

Court Disposition

Lord Ordinary's interlocutor recalled; defender's second and third pleas-in-law sustained.

Orders

  • Defender entitled to half-year's rents legally payable at Whitsunday 1905.
  • Rents legally payable at Martinmas 1904 to be apportioned between pursuer and defender in terms of the minute of sale.