Greig v. Christie [1907] ScotLR 274 (20 December 1907)

Greig v. Christie [1907] ScotLR 274 (20 December 1907)

The defender did not vitiously intromit with the estate of James Christie because the cheque represented proceeds from cattle not belonging to the deceased, and the pursuer failed to prove any balance due to the deceased by the farm or any entitlement to retain the cheque proceeds. The burden of proof was on the pursuer, which was not discharged.

Citation
[1907] ScotLR 274
Parties
Pursuer: David Greig; Defender: Alexander Christie
Jurisdiction
Scotland
Judgment Date
20 December 1907
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal dismissed; interlocutor of the Sheriff affirmed; defender assoilzied
Legal Topics
Vitious Intromission, Executor Dative, Passive Title, Farm Tenancy, Cheque as Estate Property
Succession Property Law Vitious Intromission Executor Dative Passive Title Farm Tenancy Cheque as Estate Property

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Parties

David Greig

Pursuer

Alexander Christie

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the defender vitiously intromitted with the estate of the deceased James Christie by taking possession of a cheque and other assets
  2. 2 Whether the cheque represented property belonging to the deceased's estate
  3. 3 Whether the pursuer proved that the defender was liable as executor-dative or vitious intromitter

Ratio Decidendi

The defender did not vitiously intromit with the estate of James Christie because the cheque represented proceeds from cattle not belonging to the deceased, and the pursuer failed to prove any balance due to the deceased by the farm or any entitlement to retain the cheque proceeds. The burden of proof was on the pursuer, which was not discharged.

Court Disposition

appeal dismissed; interlocutor of the Sheriff affirmed; defender assoilzied

Orders

  • Defender assoilzied from the conclusions of the action
  • Defender entitled to expenses of the appeal