Gordon's Trustees v. Thompson [1909] ScotLR 13 (22 October 1909)

Gordon's Trustees v. Thompson [1909] ScotLR 13 (22 October 1909)

The 1806 contract, properly recorded and acted upon for over a century, expressed the measure of the servitude of thirlage and imposed an obligation to pay dry multures that runs with the lands and binds singular successors; the absence of the mill is immaterial due to the contract's express terms.

Citation
[1909] ScotLR 13
Parties
Pursuer: Henry Gordon of Manar, Aberdeenshire, and another, surviving testamentary trustees of the late Alexander Gordon of Dyce; Defender: Mrs Mary Stewart or Thompson, proprietrix of the estate of Pitmedden
Jurisdiction
Scotland
Judgment Date
22 October 1909
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
appeal dismissed; decree as craved adhered to
Legal Topics
Servitude of Thirlage, Dry Multures, Real Burdens, Successors' Liability, Commutation of Multures
Property Law Contract Law Servitudes Servitude of Thirlage Dry Multures Real Burdens Successors' Liability Commutation of Multures

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Parties

Henry Gordon of Manar, Aberdeenshire, and another, surviving testamentary trustees of the late Alexander Gordon of Dyce

Pursuer

Mrs Mary Stewart or Thompson, proprietrix of the estate of Pitmedden

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether the 1806 contract for commuted multures is binding on singular successors in the thirled lands
  2. 2 Whether the absence of the mill for over forty years extinguishes the obligation to pay commuted multures

Ratio Decidendi

The 1806 contract, properly recorded and acted upon for over a century, expressed the measure of the servitude of thirlage and imposed an obligation to pay dry multures that runs with the lands and binds singular successors; the absence of the mill is immaterial due to the contract's express terms.

Court Disposition

appeal dismissed; decree as craved adhered to

Orders

  • Defender is liable for payment of commuted multures as per the 1806 contract
  • Defender to pay the sum of £9, 12s. 9d. for the year 1908