Pollokshaws Co-operative Society, Ltd v. Stirling Maxwell [1906] ScotLR 43_375 (10 February 1906)

Pollokshaws Co-operative Society, Ltd v. Stirling Maxwell [1906] ScotLR 43_375 (10 February 1906)

The redemption price of casualties must be calculated based on the fair yearly value of the subjects as a building site at the date the action was raised, considering their actual condition and potentialities, with the addition of fifty percent as required by statute. Payment of outstanding casualties after raising the action but before decree is sufficient to satisfy statutory requirements.

Citation
[1906] ScotLR 43_375
Parties
Pursuer: Pollokshaws Co-operative Society, Limited; Defender: Sir John Maxwell Stirling Maxwell of Pollok
Jurisdiction
Scotland
Judgment Date
10 February 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal dismissed; judgment of Lord Ordinary affirmed
Legal Topics
Superior and Vassal, Casualty, Redemption of Casualties, Calculation of Redemption Price, Conveyancing (scotland) Act 1874, Section 15
Property Law Conveyancing Scottish Feudal Law Superior and Vassal Casualty Redemption of Casualties Calculation of Redemption Price Conveyancing (scotland) Act 1874, Section 15

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Parties

Pollokshaws Co-operative Society, Limited

Pursuer

Sir John Maxwell Stirling Maxwell of Pollok

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the redemption price of casualties should be calculated based on the value of the subjects as a building site at the date of raising the action, considering their actual condition and potentialities.
  2. 2 Whether payment of outstanding casualties is a statutory precedent to redemption under section 15 of the Conveyancing (Scotland) Act 1874, and if so, whether payment after raising the action but before decree is timeous.
  3. 3 Whether the prohibition against subinfeudation affects the calculation of the annual value for redemption purposes.

Ratio Decidendi

The redemption price of casualties must be calculated based on the fair yearly value of the subjects as a building site at the date the action was raised, considering their actual condition and potentialities, with the addition of fifty percent as required by statute. Payment of outstanding casualties after raising the action but before decree is sufficient to satisfy statutory requirements.

Court Disposition

appeal dismissed; judgment of Lord Ordinary affirmed

Orders

  • Finds and declares pursuers entitled to redeem future casualties on the subjects.
  • Finds and declares the redemption price amounts to £101, 5s. sterling, being the amount of the highest casualty estimated as at the date of signeting of the summons, with an addition of fifty percent.