White v Stevenson [1955] ScotCS CSIH_9 (17 November 1955)

During sequestration, the bankrupt has no enforceable right to occupy or possess heritable property vested in the trustee; his possession is precarious, making ejection competent.

Citation: [1955] ScotCS CSIH_9
Parties: Pursuer: White; Defender: A. C. B. Stevenson
Jurisdiction: Scotland
Judgment Date: 17 November 1955
Procedural Posture: Appeal / Appellate Judgment
Outcome: appeal dismissed; interlocutor affirmed
Legal Topics: Sequestration, Trustee Rights, Ejection, Bankrupt's Rights, Heritable Property

Bankruptcy Property Law Sequestration Trustee Rights Ejection Bankrupt's Rights Heritable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

White

Pursuer

A. C. B. Stevenson

Defender

Procedural Posture

Appeal / Appellate Judgment

Legal Issues

1 Whether a bankrupt retains any enforceable right to occupy heritable property vested in the trustee during sequestration
2 Whether the action of ejection against the bankrupt was competent

Ratio Decidendi

During sequestration, the bankrupt has no enforceable right to occupy or possess heritable property vested in the trustee; his possession is precarious, making ejection competent.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

Ejection of the bankrupt and his wife from the Hatton Estate affirmed