The Governors of George Heriot's Trust v. Caledonian Insurance Co. [1904] ScotLR 41_313 (20 February 1904)

The Governors of George Heriot's Trust v. Caledonian Insurance Co. [1904] ScotLR 41_313 (20 February 1904)

The twenty-five year period for a second composition runs from the date of payment of the first composition (16 May 1900), not from the date of death of the last vassal. The action for a second composition was premature.

Citation
[1904] ScotLR 41_313
Parties
Pursuer: The Governors of George Heriot's Trust; Defender: Caledonian Insurance Company
Jurisdiction
Scotland
Judgment Date
20 February 1904
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
action dismissed as premature
Legal Topics
Superior and Vassal, Casualty, Composition, Corporate Property Succession
Property Law Conveyancing Superior and Vassal Casualty Composition Corporate Property Succession

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Parties

The Governors of George Heriot's Trust

Pursuer

Caledonian Insurance Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 When is a second composition due from a corporation under section 5 of the Conveyancing (Scotland) Act 1874?
  2. 2 Does the twenty-five year period run from the death of the last vassal or from the date of payment of the first composition?

Ratio Decidendi

The twenty-five year period for a second composition runs from the date of payment of the first composition (16 May 1900), not from the date of death of the last vassal. The action for a second composition was premature.

Court Disposition

action dismissed as premature

Orders

  • action dismissed
  • defenders assoilzied (absolved)