M'Ewan (Parlane's Trustee) v. Murray

In March 1890 Murray brought this action against the trustees to have it declared that they were bound to convey to him the property left him under the trust-disposition, and that without the burden of a bond and disposition in security for £1800, and two ground-annuals of the value of £19, 4s. and £19, 8s. 1d. respectively.

It appeared that the property in Cleveland Lane, called Cleveland Buildings, had been erected in 1863 by Robert Johnston, Mrs Parlane's first husband, and that in 1861 on security of the site he had obtained a cash-credit for £4000 from the Bank of Scotland. Page: 224 ↓

By deed of assignation dated on 11th August 1874 Mrs Parlane paid to Peter Simons the debt of £1800, and took from him an assignation to her executors and assignees whomsoever to the bond and disposition in security granted by England in March 1863. In this way all the burdens which up to this time had affected the Cleveland property were now assigned to the testatrix, and she did not replace them with any other burdens.

The defenders pleaded—“(4) On a sound construction of the said trust-disposition and settlement, and of Mrs Parlane's title to the said subjects, the defenders are not bound to convey the same to the pursuer except under burden of the said bond and disposition in security. (5) On a sound construction of the said trust-disposition and settlement, and of Mrs Parlane's title as aforesaid, the defenders are not bound to convey the same to the pursuer except under burden of the said ground-annual.”

Upon 6th August 1890 the Lord Ordinary ( Kinnear ) found and declared that the defenders were bound to convey the Cleveland property to the pursuer unburdened by the bond and disposition in security for £1800, but that the property was still burdened with the right to exact the ground-annuals.