Halley v Stirling

JurisdictionScotland
CourtCourt of Session
Judgment Date06 November 1878
Date06 November 1878
Docket NumberNo. 6.
Court of Session
Registration Appeal Court.

Ld. Ormidale, Lord Mure, Ld. Craighill.

No. 6.
Halley
and
Stirling.

County Franchise—Liferent of feu-duties—Reform Act, 1832, secs. 7 and 8.—

A disponed gratuitously to B, his son, for his liferent use allenarly, a piece of building ground, part of a larger property belonging to A, and assigned the rents, maills, and duties, but excepting from the warrandice a feu-charter whereby the same piece of ground had been feued to C for a yearly feu-duty of £11. C thereafter paid the feu-duties to B. Held that B was entitled to the franchise as liferent proprietor of feu-duties in terms of the Reform Act, 1832, secs. 7 and 8.

William Halley, manufacturer, Auchterarder, objected to Patrick Stirling, younger of Kippendavie, who stood enrolled as proprietor of feu-duties on house at Crawford Park, Dunblane, being retained in the register of voters for the county of Perth, in respect—(1) that the said Patrick Stirling being only in right of a liferent of feu-duties under the title produced possessed no qualification; (2) that the title of the said Patrick Stirling was invalid, in respect that its effect was to interject a mid-superior between the proprietor of the dominium directum and the proprietor of the dominium utile of the subjects, and that it was, therefore, defeasible at the instance of the vassal; (3) that even assuming the interjection of a mid-superior in the person of the said Patrick Stirling to have been validly accomplished, any such mid-superiority had been absolutely extinguished by implied entry with the superior of the said Patrick Stirling, under and by virtue of the 4th clause of the ‘Conveyancing (Scotland) Act, 1874.’

The facts as stated by the Sheriff were, that by disposition, dated 12th December 1868, John Stirling, Esq. of Kippendavie, for the love and affection which he bore to Patrick Stirling, younger of Kippendavie, his son, gave, granted, and disponed to the said Patrick Stirling, in liferent for his liferent use allenarly, heritably and irredeemably, All and Whole that piece of ground on which a dwelling-house was sometime ago erected, part of the said John Stirling's lands of Crawford's Park, extending to 1266 imperial acres, with entry at the term of Martinmas 1868; and the said John Stirling, by said disposition, obliged himself to infeft the said Patrick Stirling in the said lands, for his liferent use allenarly, to be holden of and under him and his heirs and successors for...

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