Earl of Lauderdale v. Scrymgeour-Wedderburn [1910] UKHL 532 (07 April 1910)

Earl of Lauderdale v. Scrymgeour-Wedderburn [1910] UKHL 532 (07 April 1910)

The office of Hereditary Standard Bearer of Scotland is inalienable, held jure sanguinis, and cannot be bought, sold, or adjudged. The pursuer failed to prove extinction of the Scrymgeour male line and thus had no title. The 1671 decree and charter could not confer valid title contrary to the Act of 1455.

Citation
[1910] UKHL 532
Parties
Pursuer/respondent: Earl of Lauderdale; Defender/appellant: Scrymgeour-Wedderburn
Jurisdiction
United Kingdom
Judgment Date
07 April 1910
Procedural Posture
Appeal (civil) / Judgment on Appeal From Court of Session
Outcome
Appeal allowed; order of Court of Session reversed.
Legal Topics
Heritable Office, Hereditary Dignities, Transferability of Office, Prescription, Adjudication, Title to Dignity
Constitutional Law Property Law Scots Law Heritable Office Hereditary Dignities Transferability of Office Prescription Adjudication +1 more

Case Brief

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Parties

Earl of Lauderdale

Pursuer/respondent

Scrymgeour-Wedderburn

Defender/appellant

Procedural Posture

Appeal (civil) / Judgment on Appeal From Court of Session

Legal Issues

  1. 1 Whether the office of Hereditary Standard Bearer of Scotland is transferable, adjudgable, or inalienable
  2. 2 Whether the pursuer (Earl of Lauderdale) had valid title to the office under a 17th-century charter and decree
  3. 3 Whether the extinction of the male line of Scrymgeour was proved

Ratio Decidendi

The office of Hereditary Standard Bearer of Scotland is inalienable, held jure sanguinis, and cannot be bought, sold, or adjudged. The pursuer failed to prove extinction of the Scrymgeour male line and thus had no title. The 1671 decree and charter could not confer valid title contrary to the Act of 1455.

Court Disposition

Appeal allowed; order of Court of Session reversed.

Orders

  • Appellant (Scrymgeour-Wedderburn) declared entitled to the office and dignity.
  • Appellant awarded expenses in the House of Lords and Court below.