Yool v. Shepherd [1914] ScotLR 639 (21 May 1914)

Yool v. Shepherd [1914] ScotLR 639 (21 May 1914)

The subjects, comprising a carding-mill and associated land, are not wholly or partly agricultural or pastoral as required by the 1908 Act, and thus are excluded from the operation of the 1911 Act. The mill is not a mere pertinent of the agricultural land but a substantial and distinct part of the let subjects.

Citation
[1914] ScotLR 639
Parties
Appellant: Thomas Yool; Applicant/respondent: William Shepherd
Jurisdiction
Scotland
Judgment Date
21 May 1914
Procedural Posture
Appeal From Land Court Stated Case / Judgment on Question of Law
Outcome
Appeal allowed; question of law answered in the negative.
Legal Topics
Definition of Holding, Statutory Interpretation, Landlord and Tenant, Agricultural Holdings (scotland) Act 1908, Small Landholders (scotland) Act 1911
Land Law Agricultural Law Definition of Holding Statutory Interpretation Landlord and Tenant Agricultural Holdings (scotland) Act 1908 Small Landholders (scotland) Act 1911

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Thomas Yool

Appellant

William Shepherd

Applicant/respondent

Procedural Posture

Appeal From Land Court Stated Case / Judgment on Question of Law

Legal Issues

  1. 1 Whether the subjects in question constitute a 'holding' within the meaning of the Agricultural Holdings (Scotland) Act 1908, section 35(1) and thus fall under the Small Landholders (Scotland) Act 1911, section 26(3)

Ratio Decidendi

The subjects, comprising a carding-mill and associated land, are not wholly or partly agricultural or pastoral as required by the 1908 Act, and thus are excluded from the operation of the 1911 Act. The mill is not a mere pertinent of the agricultural land but a substantial and distinct part of the let subjects.

Court Disposition

Appeal allowed; question of law answered in the negative.

Orders

  • The subjects are not a 'holding' within the meaning of the Agricultural Holdings (Scotland) Act 1908 and are excluded from the Small Landholders (Scotland) Act 1911.