Morrison v. Vallance's Executors [1907] ScotLR 790 (01 June 1907)

Morrison v. Vallance's Executors [1907] ScotLR 790 (01 June 1907)

The pursuer was barred by her own conduct from pleading the validity of citation under the Citation Amendment Act, as she took in the registered letter herself and failed to ensure the defender received it; thus, the citation was invalid and the proceedings void.

Citation
[1907] ScotLR 790
Parties
Pursuer (appellant): Margaret Wylie Vallance or Morrison; Defenders (respondents): Matthew Harrison and others, executors of John M'Donald Vallance
Jurisdiction
Scotland
Judgment Date
01 June 1907
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute's Dismissal of Action
Outcome
appeal dismissed; action dismissed
Legal Topics
Service of Process, Citation by Registered Letter, Executor's Rights, Decree in Absence, Bar by Conduct
Civil Procedure Succession Law Service of Process Citation by Registered Letter Executor's Rights Decree in Absence Bar by Conduct

Case Brief

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Parties

Margaret Wylie Vallance or Morrison

Pursuer (appellant)

Matthew Harrison and others, executors of John M'Donald Vallance

Defenders (respondents)

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute's Dismissal of Action

Legal Issues

  1. 1 Whether service by registered letter at last known address was valid when defender had left Scotland and pursuer knew it
  2. 2 Whether pursuer was barred by her own conduct from relying on such citation
  3. 3 Whether executors could object to citation on deceased

Ratio Decidendi

The pursuer was barred by her own conduct from pleading the validity of citation under the Citation Amendment Act, as she took in the registered letter herself and failed to ensure the defender received it; thus, the citation was invalid and the proceedings void.

Court Disposition

appeal dismissed; action dismissed

Orders

  • Judgment of Sheriff-Substitute affirmed
  • Action dismissed