Jessy Stewart Dingwall Fordyce, executrix of Arthur Dingwall Fordyce, - Appellant; Sir Henry Bridges, executor of J. D. Dingwall, - Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 23 February 1847 |
| Date | 23 February 1847 |
| Court | House of Lords |
English Reports Citation: 9 E.R. 649
House of Lords
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 c. 22 is superseded by the Apportionment Act, 1870, which also applies to Scotland.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 c. 22 is superseded by the Apportionment Act, 1870, which also applies to Scotland.]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 of Mr. J. B. Dingwall. John Duff Dingwall was for several years heir of entail in possession of the lands of Brucklay, and died on the 26th October, 1840, and consequently during the currency of a half year. The respondent, as his executor, drew the rents for the half year, ending at Whit Sunday 1840, 121 being the term immediately preceding Mr. Dingwall's death. A. D. Fordyce drew the rents for the half year ending at Martinmas 1840, being the term during the currency of which the death had occurred. In April 1842 the respondent instituted this suit claiming under the...
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