Dougan v Macpherson

JurisdictionEngland & Wales
Judgment Date14 February 1902
Judgment citation (vLex)[1902] UKHL J0214-1
CourtHouse of Lords
Date14 February 1902

[1902] UKHL J0214-1

House of Lords

Dougan
and
Macpherson.
1

After hearing Counsel for the Appellant, as well on Monday last as this day, upon the Petition and Appeal of John Dougan, consulting engineer, 69, Cadder Street, Glasgow, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland of the 18th of July 1900, and also an Interlocutor of the Lords of Session there, of the Second Division, of the 22d of February 1901, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed case of James Macpherson, trustee on the sequestrated estates of James Gibson Dougan, conform to Act and Warrant in his favour, dated 11th April 1899, lodged in answer to the said Appeal; and Counsel appearing for the said Respondent, but not being called on ; And due consideration being had of what was offered for the said Appellant:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Interlocutors complained of in the said Appeal, be, and the same are hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House : And it is further Ordered, That the Appellant do pay or cause to be paid to the said Respondent the costs incurred in respect of the said Appeal, the amount thereof to be certified by the Clerk of the Parliaments: And it is also further ...

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4 cases
  • Tito v Waddell (No. 2); Tito v Attorney General; Ocean Island (No. 2)
    • United Kingdom
    • Chancery Division
    • Invalid date
    ...1 Ch. 546, C.A. (3) Self-dealing and fair-dealing Aberdeen Railway Co. v. Blaikie Brothers (1854) 1 Macq. 461. Dougan v. Macpherson [1902] A.C. 197, H.L.(SC.). Geaves, Ex parte (1856) 8 De G.M. & G. 291.Hickley v. Hickley (1876) 2 Ch.D. 190. Knight v. Marjoribanks(1848) 11 Beav. 322; (1849)......
  • Weyer v Estate Weyer
    • South Africa
    • Invalid date
    ...Roodepoort-Maraisburg Town Council v Eastern Properties (1982, W.L.D. 78); Ex parte Robinson (1917 T.P.D. 679); John Dougan v Macpherson (1902, A.C. 197); Thompson and Others v Eastwood and Others (2 A.C. 215 at pp. 2324, 236-7); Plowright v Lambert (52. L.T. 646); Beningfield v Baxter (12 ......
  • Jarville et al. v. Segal, [1991] B.C.T.C. Uned. 889 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 22 July 1991
    ...Coles v. Trecothick, supra, at 247; Morse v. Royal (1806), 12 Ves. 355; Wright v. Carter [1903] 1 Ch. 27; Doughan v. Macpherson, [1902] A.C. 197. The scrutiny extends to the sufficiency of the consideration for such a transaction, and it will be set aside if consideration was insufficient: ......
  • Youck v. Youck, (1989) 75 Sask.R. 297 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 3 March 1989
    ...inform the beneficiaries of the nature of their interest in the property - See paragraphs 25 to 30. Cases Noticed: Dougan v. MacPherson, [1902] A.C. 197, refd to. [para. Crighton v. Roman, [1960] S.C.R. 858, refd to. [para. 25]. Statutes Noticed: Improvements under Mistake of Title Act, R.S......
1 books & journal articles
  • English Influences on the Historical Development of Fiduciary Duties in Scottish Law
    • United Kingdom
    • Edinburgh Law Review No. , January 2014
    • 1 January 2014
    ...(D 18.1.34.7) and at 477 per Lord Brougham; Dougan v MacPherson (1902) 4 F (HL) 7, at 9 per Lord MacNaghten, and at 10 per Lord Shand; [1902] AC 197 at 204 per Lord MacNaghten, and at 205 per Lord Shand; Aberdeen Town Council v Aberdeen University (1877) 2 App Cas 544 at 554–555 per Lord O'......

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