Dunbar's Trustees v. Britce [1900] ScotLR 38_78 (24 November 1900)

Defender's occupation was as tenant, not servant; cottage and garden formed a single subject of occupation; notice to quit only the cottage was ineffectual; summary ejection was refused as defender had a plausible title.

Citation: [1900] ScotLR 38_78
Parties: Pursuers/respondents: Mrs Jane Louisa Duff Dunbar and others, Trustees of the late Garden Duff Dunbar; Defender/appellant: Donald Bruce
Jurisdiction: Scotland
Judgment Date: 24 November 1900
Procedural Posture: Appeal / Final Judgment by Court of Session Inner House
Outcome: appeal sustained; interlocutor of Sheriff recalled; Sheriff-Substitute's decision reinstated; defender assoilzied
Legal Topics: Tenancy Vs Service Occupation, Notice to Quit, Summary Ejection, Remuneration for Services, Market Garden Tenancy

Property Law Landlord and Tenant Employment Law Tenancy Vs Service Occupation Notice to Quit Summary Ejection Remuneration for Services Market Garden Tenancy

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Parties

Mrs Jane Louisa Duff Dunbar and others, Trustees of the late Garden Duff Dunbar

Pursuers/respondents

Donald Bruce

Defender/appellant

Procedural Posture

Appeal / Final Judgment by Court of Session Inner House

Legal Issues

1 Whether defender's occupation of cottage and garden was as tenant or as servant
2 Whether notice to quit was legally sufficient
3 Whether summary ejection was competent

Ratio Decidendi

Court Disposition

appeal sustained; interlocutor of Sheriff recalled; Sheriff-Substitute's decision reinstated; defender assoilzied

Orders

Defender assoilzied from conclusions of petition
Pursuers liable for defender's expenses