Legal Subject: Landlord and tenant

Case Date Legal Subject Abstract
Alexander Farquharson v. The Governor and Company of Undertakers for raising Thames water in York-buildings 1775 Landlord and tenant The York Building Company, defender, leased the mansion and property of Fingask to John Drummond of Megginch for a term of 99 years. Pursuer Alexander Farquharson subsequently acquired the right to the lease. The mansion had fallen into a state of disrepair, and Farquharson sued the Company, alleging that the Company was required to pay for repairs. The Company argued that the lease was written specifically to absolve it of this responsibility.
Alexander, Duke of Gordon, v. The Commissioners for Managing the Forfeited Estates annexed to the Crown 21 Dec 1771 Landlord and tenant, Clan Act The Clan Act, as subsequently amended, enabled agents of the Crown to hold lands previously owned by participants in the 1715 rebellion. These agents, called "commissioners," could appoint new tenants to the lands. Superiors of the lands were forced to either sell their land to the Crown or accept new tenants selected by the commissioners. Petitioner, Alexander Duke of Gordon, was one such superior who had yet to sell his land in Clunie, Callart, and part of Lochiel. Alexander maintained that the commissioners of the Crown must pay an entry fine (approximately one year's rent) to hold his land. The commissioners of the Crown argued that they are not obligated to pay an entry fine. The Lords concluded that a superior was not entitled, upon an entry, to demand from the Crown's donatary, or trustee for the Crown's behalf, the composition of a year's rent.
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.
Earl of Rothes v. Shepherd 1767 Landlord and tenant, Rent Alexander Shepherd, a tenant farmer, rented land in Begg from the Earl of Rothes. After failing to pay a year's rent, Shepherd sought a bill of suspension from the court to avoid getting evicted, claiming that the time and money that he had invested in enclosing the land with hedges and ditches, at the Earl's encouragement, had rendered it impossible to pay his rent. The Earl of Rothes argued that Shepherd was not the industrious farmer and improver that he claimed to be.
Heron v. MacLellan 1775 Landlord and tenant Thomas MacLellan and Patrick Heron formed a co-partnership according to which MacLellan would make improvements on Heron's farms. In addition, MacLellan was put in possession of a small piece of property called Gelston Wood for his own use. The partnership dissolved in 1772, but MacLellan stayed on in Gelston Wood, where he had been residing and farming. In June 1772, the Old Ayr Bank failed, at great cost to Patrick Heron, a founding partner. Sir Robert Maxwell, a relative of Heron’s, was ruined by the bank failure. He seems to have laid claim to lands held by Heron that had formerly been possessed by the Maxwell family, including Gelston Wood. In 1773 Heron raised a summons against MacLellan, ordaining him to quit Gelston Wood, and accusing him of irritancy by not paying rent. In response, MacLellan pleaded compensation. In February of 1775 Lord Kennet assoilzied MacLellan, and Heron brought a separate process before the Stewart-substitute of Kirkcudbright, who decerned in the removing. MacLellan then presented a bill of suspension to Lord Kennet, who upheld the Stewart-substitute’s ruling, and a second bill presented to Lord Ankerville was refused. MacLellan petitioned the Court for review, but, according to handwritten marginalia, they adhered.

The first two documents in this record constitute the first case between the two litigants, which concluded in 1775. The second set of petitions is a sequel case, which began in 1776.
Patrick Heron v. Adam Menzies 1767 Landlord and tenant Pursuer Patrick Heron of Heron sought to have letters of horning directed against defender Adam Menzies of Troloss for unpaid rent.
Robertson v. Pettigrew 1773 Landlord and tenant Acting on behalf of Gavin Pettigrew, Thomas Barton obtained a lease from the city of Glasgow for a farm called the town-mill mailing. Glasgow later sued Pettigrew and Barton for rent and obtained a favorable decree from the court. The tenants sought a suspension of that decree, on three main grounds: (1) the houses on the farm were in bad repair, (1) the magistrates had failed to provide thorns for hedges, and (3) the farm’s arable ground, for which rent was due, had been improperly measured.