Speirs v. Morgan [1902] ScotLR 40_1 (19 July 1902)

Speirs v. Morgan [1902] ScotLR 40_1 (19 July 1902)

The right to enforce the obligation of relief contained in the disposition by Mrs Morgan could not pass to the pursuers without a special assignation. As no such assignation existed, the pursuers had no title to sue for relief of the composition paid to the superiors.

Citation
[1902] ScotLR 40_1
Parties
Pursuer: Peter Alexander Speirs, Misses Harriet Martha Speirs and Anna Elizabeth Speirs; Defender: Mrs Clementina Morgan (as executrix of Mrs Clementina Kyd or Morgan)
Jurisdiction
Scotland
Judgment Date
19 July 1902
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; judgment of Lord Ordinary adhered to.
Legal Topics
Superior and Vassal, Casualty, Composition, Title to Sue, Assignation, Clause of Relief
Property Law Conveyancing Superior and Vassal Casualty Composition Title to Sue Assignation Clause of Relief

Case Brief

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Parties

Peter Alexander Speirs, Misses Harriet Martha Speirs and Anna Elizabeth Speirs

Pursuer

Mrs Clementina Morgan (as executrix of Mrs Clementina Kyd or Morgan)

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a vassal who has paid a taxed entry to the superior is entitled to recover it from a prior vassal from whom title proceeded, in the absence of a special assignation of the clause of relief.
  2. 2 Whether the obligation of relief in a disposition runs with the land or requires a special assignation to be enforceable by successors.

Ratio Decidendi

The right to enforce the obligation of relief contained in the disposition by Mrs Morgan could not pass to the pursuers without a special assignation. As no such assignation existed, the pursuers had no title to sue for relief of the composition paid to the superiors.

Court Disposition

Appeal dismissed; judgment of Lord Ordinary adhered to.

Orders

  • Sustains the defender's first plea-in-law (no title to sue).
  • Dismisses the action.