Lord Advocate v University of Aberdeen & Budge [1963] ScotCS CSIH_1 (02 August 1963)

Lord Advocate v University of Aberdeen & Budge [1963] ScotCS CSIH_1 (02 August 1963)

The Crown is entitled to ownership of the objects found on udal land in Shetland under the principle quod nullius est fit domini regis, as the law of Scotland relating to treasure and ownerless moveables applies unless a surviving rule of udal law prevents it. No such specialty exists; the objects are moveable, ownerless, and thus pass to the Crown by prerogative, not by feudal land ownership.

Citation
[1963] ScotCS CSIH_1
Parties
Pursuer: Lord Advocate; Defender: University of Aberdeen; Defender: Budge
Jurisdiction
Scotland
Judgment Date
02 August 1963
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
Defenders' pleas-in-law repelled; pursuer's pleas sustained; decree granted in terms of first and second conclusions of the summons; expenses reserved.
Legal Topics
Treasure Trove, Bona Vacantia, Udal Tenure, Crown Prerogative, Ownership of Moveables
Property Law Constitutional Law Treasure Trove Bona Vacantia Udal Tenure Crown Prerogative Ownership of Moveables

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 3 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lord Advocate

Pursuer

University of Aberdeen

Defender

Budge

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether the Crown is entitled to ownership of objects found on udal land in Shetland under the principle quod nullius est fit domini regis
  2. 2 Whether the law of treasure trove applies to Shetland's allodial (udal) land
  3. 3 Whether the owner of udal land has a superior claim to moveable objects found therein

Ratio Decidendi

The Crown is entitled to ownership of the objects found on udal land in Shetland under the principle quod nullius est fit domini regis, as the law of Scotland relating to treasure and ownerless moveables applies unless a surviving rule of udal law prevents it. No such specialty exists; the objects are moveable, ownerless, and thus pass to the Crown by prerogative, not by feudal land ownership.

Court Disposition

Defenders' pleas-in-law repelled; pursuer's pleas sustained; decree granted in terms of first and second conclusions of the summons; expenses reserved.

Orders

  • Ownership of the St Ninian's Isle objects vested in the Crown
  • Defenders' pleas-in-law repelled