Jessy Stewart Dingwall Fordyce, executrix of Arthur Dingwall Fordyce, - Appellant; Sir Henry Bridges, executor of J. D. Dingwall, - Respondent

JurisdictionEngland & Wales
Judgment Date23 February 1847
Date23 February 1847
CourtHouse of Lords

English Reports Citation: 9 E.R. 649

House of Lords

Jessy Stewart Dingwall Fordyce, executrix of Arthur Dingwall Fordyce
-Appellant
Sir Henry Bridges, executor of J. D. Dingwall
-Respondent

Mews' Dig. i. 488; xiii. 1888; S.C. 11 Jur. 157. Adopted, on point as to construction of statute, in River Wear Commissioners v. Adamson, 1877, 2 A.C. 778. And see In re O'Loghlen, 1871, L.R. 6 Ch. 406. 4 and 5 Will. iv. c. 22 is superseded by the Apportionment Act, 1870, which also applies to Scotland.

Apportionment of rent - Statute: Scotland.

REPORTS OF CASES heard in the House of Lords, and decided during the Session 1847-48. By C. CLARK and W. FINNELLY, Barristers-at-Law. Vol, I. JESSY STEWART DINGWALL FORDYCE, executrix of ARTHUR DINGWALL FORDYCE,--Appellant; Sir HENRY BRIDGES, executor of 3. D. DINGWALL,--Respondent [February 23, 18471 [Mews' Dig. 488 ; xiii. 1888 ; S.C. 11 Jur-. 157. Adopted, on point as to construction of statute, in River Wear Commissioners v. Adamson, 1877, 2 A.C. 778, And see In re O'Loghlen, 1871, L.R. 6 Ch. 406. 4 and 5 Will. iv. c. 22 is superseded by the Apportionment Act, 1870, which also applies to Scotland.] Apportionment of rentStatute : Scotland. The act 4 and 5 W. IV., c. 22, for the apportionment of rents, annuities, and other periodical payments, extends to Scotland. The intention of the Legislature must be ascertained from the words of a statute, and not from any general inferences to be drawn from the nature of the objects dealt with by the statute. This was a suit instituted under the act 4 and 5 W. IV., c. 22, by the respondent, as executor of J. Duff Dingwall, deceased, to obtain, on behalf of the estate which he represented, an apportionment of the rents and profits of certain lands in Brucklay, of which the deceased had died seised, all of which rents and profits had been claimed and taken by Mr. Arthur Dingwall Fordyce as heir of entail on the death...

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