Caledonian Fish-Selling and Marine Stores Company Ltd v Allard Hewson
| Jurisdiction | Scotland |
| Judgment Date | 16 January 1970 |
| Docket Number | No. 14. |
| Date | 16 January 1970 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Hunter.
Jurisdiction—Persons subject—Ownership of heritable property—Property sold before, with entry after, date of citation.
In an action for payment raised in the Court of Session against an English company the defenders pleaded that the Court had no jurisdiction. They were owners of heritable property in Scotland, but had sold it by missives dated 25th February with entry on 14th March following, when the price was payable. The summons was signeted on 27th and served on 28th February.
Held by Lord Hunter (Ordinary) that at the date of citation the defenders had a beneficial right and interest in the heritable property, since, although they had agreed to sell it, they had parted with neither the ownership nor the possession of it and were entitled to remain in beneficial possession and to exercise all rights as owners until the date of entry; and accordingly that they were subject to the jurisdiction of the Court.
The Caledonian Fish-Selling And Marine Stores Company Limitedbrought an action of payment in the Court of Session against Allard Hewson and Company Limited, Leonard Charles Stainton and Ian Malcolm Smith, C.A. The summons was signeted on 27th and served on 28th February 1969. The action was defended only by the first defenders.
The parties averred, inter alia:—(Cond. 1) "The pursuers are a company incorporated under the Companies Acts and have a place of business at 11 Harbour Street, Peterhead. The first defenders are a company incorporated under the Companies Acts and have their registered office at Fish Docks, Grimsby. They are heritable proprietors of a fish shop and flat at 2 Back Street, Peterhead. The second defender is Leonard Charles Stainton, 30 Princes Street, Peterhead. The first and second defenders were the whole partners in the now dissolved firm of Leonard Charles Stainton, 30 Princes Street aforesaid, which carried on business as fish merchants prior to July 1968. The second defender was sequestrated on 5th July 1968, conform to act and warrant granted in the Sheriff Court at Peterhead on 23rd July 1968. Said act and warrant is produced. The third defender is the trustee appointed on the sequestrated estate of the second defender and is called for any interest he may have. With reference to the averments in answer it is believed to be true that the defenders sold said premises as averred. Explained that in terms of said missives the date of entry...
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