| Earl of Dalhousie v. Wilson |
1 Dec 1802
|
Property rights, Lease, Assignment, Possession |
Charles Wilson was a farm tenant in Millholm, which was originally leased to his father, William Wilson. The landlord of the property was the pursuer, Earl Dalhousie. The lease was then assigned to John Wilson, son of Charles Wilson, who did not reside in the farm, but hired a servant or a manger, James Keddie, to cultivate the land. John Wilson moved to Jamaica. The Pursuer brought an action to remove John Wilson and James Keddie from the possession of the farm, alleging that it has been subleased without his written consent as the proprietor. The Court concluded that John Wilson must be held as having abandoned his lease, and as the farm remained without a tenant, the landlord was entitled to enter to the possession. |
| Earl of Galloway v. McHutchon, Selkrig & Others |
27 Jul 1803
|
Landlord and tenant, Lease, Secluding Assignes and Subtenants, Irritancy and Removing |
A lease was granted to tenant and his heirs, secluding assignees and subtenants, for 21 years. The tenant died two years thereafter in considerable debt; and the question was, Whether certain transactions gone into with the heir, by which the latter entered into possession cum benefico inventarii, giving the creditors the benefit thereof, was not a covered assignation, and the tenant had thereby incurred an irritancy of the lease? The heir, pending the action, entered into an agreement with the creditors, whereby the latter discharged there claims, and transferred the stock for a certain sum; Went to the House of Lords; Held that there was no ground for removal, and the defenders assoilized (Freed from guilt). Affirmed in the House of Lords. |
| Pringle v. M'Laggan |
10 Jun 1802
|
Lease, Sublease |
Frederick M'Laggan owned the land known as the Annay of Melrose, but then sold it to John Layell. John Layell in turn leased the land to M'Laggan, who resided on it for some time. After his relations with the surrounding community soured, M'Laggan decided to live elsewhere, but sublet his residence in the Annay of Melrose to David Kyle. Mr. Layell passed away, and ownership of the land passed to Alexander Pringle. Alexander Pringle brought the case to court seeking the removal of Kyle and M'Laggan from the land claiming that the lease had expired, and also that M'Laggan never had the power to sublet in the first place. The case was decided in favor of Mr. M'Laggan, with the Court finding that the lease contained an implied power to sublet (Scots Digest). |
| Young v. Soutar |
1802
|
Trustees, Congreagation of Antiburgher, Lease |
The pursuers questioned the property rights over a lands belonging to the Antiburgher Seceders at Dumbarrow, near Arbroath, where they were as tenants. Defenders stated that they were designated as two of the trustees for the Congreagation of Antiburgher and that their rights over that premises derives from the direction and jurisdiction of Antiburgher Associate Synod. However, Pursuers alleged that the existance of the trust over these premises can not be prove by the deeds issued in that time. |
