Abbildungen der Seite
PDF
EPUB

6

17

[ocr errors]

Page
Life Association of Scotland v. Foster, &c.

351
Ligertwood, &c., Watt v. .

960
Lord Advocate, Milne's Trustees v. ..

966
Lord Advocate v. Hall, .

967
Lord Advocate v. Marchioness of Lansdowne,
Lord Advocate v. Sinclair, .

137
Lord Advocate, Agnew v.

309
Lord Advocate v. Clyde Steam Navigation Company,

440
Lord Advocate, Leith, Hull, and Hamburgh Steam-Packet Company v. 597
Lord Advocate v. M'Douall, -

-

688
Lord Advocate v. Earl of Galloway, and Hathorn, -

895
Lowe (Petitioner), -
Low's Executors, &c. (Grant, &c.),

744
Lloyd and Company, Laurie v.

413
M'Cutcheon (Martin's Trustee), Macadam v.

33
M.Ewen's Trustees, White v. -

602
M'Douall, Lord Advocate v. -

688
M'Iver v. M'Neill, -

777
M'Kernan v. Greenock Lodge of United Operative Masons' Association, 548
MʻLeod,

980
M'Neill, M'Iver v. -

777
M'Neill's Trustees v. Campbell,

211
Macadam v. Martin's Trustee (M‘Cutcheon),

33
Macadam v. Macadam,

860
Macbeth v. Innes, -

404
Macbraire, &c., Mather and Young v. .

522
Macdonald and Company v. Highland Railway Company,

614
Macdonald, Grant and Others (Low's Executors) v.

744
Macdonald, &c. (Duncan's Trustees) v. Shand,

254
Macfarlane, -

985
Mackenzie, &c. v. Beith, &c. (Mackenzie's Trustees),

681
Mackintosh, &c. y. Ross, -

636
Macknight v. Paterson (Oman's Trustee),

154
Macknight, Robertson v. -

389
Maclean, Macvean v.

506, 764
Macpherson v. Minister and Heritors of Kilmallie,

309
Macvean v. Maclean,

506, 764
Makin and Sons, Union Bank of Scotland v.

499
Malcolm v. Kirk, &c.

722
Martin, Traquair v.
Martin's Trustee (M-Cutcheon), Macadam v.

33
Massy, &c. Cuninghame, &c. (Scott's Trustees) v.

173
Mather and Young y. Macbraire, &c. -
Maxwell's Curator, Lord Herries v.
Maxwell, Irvine y.
Menzies, . .

989
Merry, &c. (Cuninghame's Trustees) v. Duke et al.

543
Michie's Trustees (Mitchell, &c.) v. Grant and Magistrates of Aberdeen,
Miller's Trustees, &c. v. Leith Police Commissioners,

932
Miller v. Keith, - -

164
Milne's Trustees v. Lord Advocate,

966
Mitchell, &c. (Michie's Trustees) v. Grant and Magistrates of Aberdeen, 51
Mitchell's Trustees (Smail, &c.) v. Waddell,

206
Molleson v. Challis, &c. -

510
Monkland, New, Heritors of the Parish of,

983
Montgomery, City of Edinburgh v. -

14
Montrose, Local Authority of, Board of Supervision v.
Morison, Campbell v.
Muir v. Muir,

529

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[merged small][ocr errors]

Murray v. Allan, &c.
Newbigging's Trustees v. Steel's Trustees,
New Monkland, Inspector of Poor of (Ferrier) v. Inspector of Poor of

Auchinleck (Kennedy),
Nicolson v. Johnstone and Wright,
Nimmo v. Nimmo,
Nith Navigation Commissioners,
North British Railway Company, Cassidy v.
North British Railway Company, Potter v.
Officers of State, Ainslie and Company v.
Officers of State and Campbell, M'Neill's Trustees v.
Ogilvy v. Paul and Others, .
Oman's Trustee (Paterson), Macknight v.
O'Neil v. Rankin and Sons, .
Padwick, &c. Stewart v. .
Paterson v. Robson,
Paterson (Oman's Trustee), Macknight v.
Paterson, Girdwood v.
Paterson and Hay, Fotheringham's Trustees v.
Paul and Others, Ogilvy v. -
Pearson, Parochial Board of Bothwell v.
Perth, City of,. .
Pirie v. Pirie,
Pomphrey, &c.(Newbigging's Trustees) v. Pomphrey, &c. (Steel's Trustees),
Potter v. North British Railway Company,

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

Raes, Dempsters v.
Rankin and Sons, O'Neil v.
Renfrew, Burgh of,
Renton Gas Light Company,
Richmond, Duke of,
Ritchie, Galt v. -
Robertson v. Stewarts and Livingston,
Robertson, Irvino v.
Robertson v. Macknight,
Robertson, Shirra v.
Robertson v. Ross,
Robson, Paterson v.
Rodger v. Russell (Wilson's Trustee),
Ross, Mackintosh, &c. v.
Ross, Robertson v.
Rothesay, Magistrates of, Ashley, &c. v.
Russell (Wilson's Trustee), Rodger v.
Rutherfurd, &c. Gloag v.

[ocr errors][ocr errors][ocr errors]

Saltoun, Lord, Bridges v. .
Sandeman and Company, Thomas v. -
Sawers' Executors v. Sawers' Trustees, .
Scotland, Life Association of, v. Foster, &c.
Scotland, Union Bank of, v. Makin and Sons,
Scotland, Bank of, -
Scott, Gordon v. .
Scott, &c. (Spears' Trustees) v. Spears, &c.
Scott's Trustees (Cuninghame, &c.), Massy, &c. v.
Shand, Duncan's Trustees v. .
Shiels, Lauder v. -
Shirra v. Robertson,
Sillars' Trustees (Gardiner, &c.) v. Stewart,

[ocr errors]

81
451
351
499
991
334
731
173
254
605
660
160

Pago

Simpson, Balfour and Others v.
Sinclair, Lord Advocate v. -
Singer Manufacturing Company v. Kimball and Morton,
Skene, .
Smail, &c. (Mitchell's Trustees) v. Waddell,
Small and Boase, Traills v. .
Smith, Kilmarnock Gas-light Company v.
Smith's Trustees v. Graham and Others, -
Smith and Campbell (Petitioners),
Spears' Trustees (Scott, &c.) ..
Steel's Trustees, Newbigging's Trustees v.
Sterens v. Campbell,
Stevenson, &c. Cosens v.
Stewart, Gardiner, &c. (Sillars' Trustee)
Stewart, v. Padwick, &c.
Stewarts and Livingston, Robertson v..
Stirling and Sons, .
Stirling amd Sons v. Holme, &c.
Stiven (Young's Factor) v. Brown's Trustees,
Stobbs v. Caven, -
Supervision, Board of, v. Local Authority of Montrose,
Surtees, Lawson or, v. Wotherspoon,
Sutherland, Duchess of,

[ocr errors]
[ocr errors]
[merged small][ocr errors][merged small][merged small][ocr errors][ocr errors]

Tannett, Walker, and Company v. Hannay and Sons,
Taylor v. Dunlop,
Taylor and Others, Kennedy v.
Tennent's Trustees (Laird, &c.) Earl of Zetland v.
Thomas v. Sandeman and Company,
Thomson,
Thomson, Dennistoun v.
Thomson, Dudgeon v.
Thomson and Company, Donaldson v.
Tough v. Dumbarton Water-Works Commissioners,
Traills v. Small and Boase, -
Traquair v. Martin, -
Trevelyan v. Trevelyan, -

[ocr errors][merged small][ocr errors]

Urie,

[ocr errors]

Udny, -

987
Union Bank of Scotland v. Makin and Sons,

499
University of Edinburgh, Senatus of, Jex-Blake v.

784
University and College of Glasgow,

980, 983
Ure, &c., Kerr v..

780

- 990
Waddell, Mitchell's Trustees (Smail, &c.) v.

206
Walker v. Law, .

199
Walker, Dean v. -

759
Walker v. Langdales Chemical Manure Company,

906
Walker v. Bathgate,

956
Wallace (Inspector of Poor of Parish of Govan) v. Johnston (Inspector
of Poor of Parish of Campsie), .

699
Watt v. Ligertwood, &c.

960
West Calder Oil Company v. Fell,

546
Western Bank of Scotland v. Baird's Trustees,
Whamcliffe, Lord, Bathie v. -

490
Wilson, Forbes v. -

454
Wilson's Executors (Arnott, &c.) v. Burt,

62
Wilson's Trustee (Russell), Rodger v. .

671
White v. M.Ewen's Trustees,

602

-

[ocr errors]

Page 384

Wotherspoon, Lawson or Surtees v. .
Young and Others (Dalgleish's Trustees), Duke of Argyll v. -
Young's Factor (Stiven) v. Brown's Trustees (Young, &c.), .
Zetland, Earl of, Bruce v. ..
Zetland, Earl of, v. Laird, &c. (Tennent's Trustees),

[ocr errors][ocr errors]

ustees),

REGISTRATION CASES.

Dunn, Rutherford v.

Home v. Paterson,
Home, Sandilands v.

Paterson, Home v.

Rutherford v. Dunn,
Sandilands v. Home,

II.—HOUSE OF LORDS.

Andrew, Buchanan and Henderson & Dimmack v.
Black, &c., Edinburgh Street Tramways Company v.
Buchanan and Henderson & Dimmack v. Andrew,

Christie, Gowans v.
Edinburgh Street Tramways Company v. Black, &c.
Forbes v. Trefusis,

Glendonwyn v. Gordon, &c. -
Gordon v. Glendonwyn,
Gowans v. Christie,

Mackintosh v. Mackintosh's Trustees,
Macleod, Paterson v.

Paterson v. Macleod,

Shankland et al., Watson and Company v.

Trefusis, Forbes v.
Watson and Company v. Shankland et al.

CASES

DECIDED IN

THE HOUSE OF LORDS.

1873.

JAMES GOWANS, Appellant (Pursuer).—Pearson, Q.C.-A. Taylor Innes. No. 1.
BRATHWAITE CHRISTIE, Respondent (Defender).-Sol.-Gen. Jessel-
Glasse, Q.C.

Feb. 14, 1873.

Gowans v. Minerals-Landlord and Tenant-Lease-Sterility.Held (in aff. judgment Christie. of the Court of Session) that a tenant was not entitled to reduce a lease of minerals on the ground that they could not be worked to profit, even if no rent were to be paid.

Observations on sterility as a ground for reducing agricultural and mineral leases.

(In the Court of Session 8th February 1871, ante, vol. ix. 485.) Ld. Chancellor

In February 1866 James Gowans took a lease from Alexander Christie, (Selborne). then proprietor of the estate of Baberton, of the whole freestone and other to

Lord Chelms. minerals in the estate, with certain small exceptions, for a period of Ld. Colonsay. twenty-one years from Candlemas 1866, at a fixed yearly rent of £200 ; Lord Cairns. it being provided that the rent should not be exacted for the first year, except in the event of Gowans lifting minerals from the estate during that period, in which event he was to pay a modified rent of £100. The lease then declared it to be “in the power of the lessee and his foresaids, on giving six months' notice of his intention to do so previous to any term of Candlemas occurring at the end of the third, seventh, or fourteenth years of this tack, to remove from the subjects hereby let; and this tack, on the tenant's giving such notice at any of these periods, shall cease and determine, it being hereby declared that in the event of the tenant availing himself of the break at the end of three years he shall be obliged to restore the ground broken up in such a manner as that it may be ploughed up, or to a gradient of not more than one in five, and failing this to pay such damages as may be determined by the arbiters after provided for.” The lease contained no stipulation of lordship, and no provision for abandonment in the event of its being found that the minerals could not be wrought so as to yield a profit to the tenant.

Immediately on entering into the lease Gowans began to search for freestone by boring and otherwise.

Alexander Christie died in August 1868, and was succeeded in the estate by his brother, Brathwaite Christie.

In May 1870 Gowans raised this action against Brathwaite Christie and the executor of the late Alexander Christie, concluding for reduction of the lease ; for declarator that he was no longer bound by it; and for

« ZurückWeiter »