Matheson v. Gemmell [1903] ScotLR 40_385 (18 February 1903)

Matheson v. Gemmell [1903] ScotLR 40_385 (18 February 1903)

The misdescription of the prior deed was a falsa demonstratio; the deed was otherwise sufficiently identified by the particulars given. The title was such as the purchaser was bound to accept, and the contract of sale could be implemented.

Citation
[1903] ScotLR 40_385
Parties
Pursuer/respondent: John Matheson; Defender/reclaimer: Matthew Gemmell
Jurisdiction
Scotland
Judgment Date
18 February 1903
Procedural Posture
Civil / Appeal (reclaiming Note) From Interlocutor of Lord Ordinary
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Title to Heritage, Description by Reference, Falsa Demonstratio, Statutory Conveyancing Requirements
Property Law Conveyancing Title to Heritage Description by Reference Falsa Demonstratio Statutory Conveyancing Requirements

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Parties

John Matheson

Pursuer/respondent

Matthew Gemmell

Defender/reclaimer

Procedural Posture

Civil / Appeal (reclaiming Note) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether a misdescription in the reference to a prior deed invalidates the seller's title to heritage
  2. 2 Whether the description of the lands is sufficient for identification under common law and the Conveyancing (Scotland) Act 1874

Ratio Decidendi

The misdescription of the prior deed was a falsa demonstratio; the deed was otherwise sufficiently identified by the particulars given. The title was such as the purchaser was bound to accept, and the contract of sale could be implemented.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Purchaser (defender) ordained to accept the title and pay the price as per the contract of sale
  • If purchaser fails to implement within three weeks, decree for damages to be pronounced