Earl of Breadalbane v. Jamieson

Subject_1 Statute 1592, c. 12 Subject_2 Mines and Minerals Subject_3 Precious Metals. Facts: Where mines and minerals were transferred by the Crown to the owner of the lands containing them, and a general conveyance (in which the mines were not excepted) was subsequently made of these lands by the owner— Held that the general conveyance carried with it the right to all the minerals contained in the lands conveyed.

This was an action of declarator and reduction at the instance of the Right Honourable Gavin Earl of Breadalbane and Holland against George Auldjo Jamieson, chartered accountant in Edinburgh, judicial factor on the trust-estate of the late Most Honourable John second Marquess of Breadalbane, to have certain deeds set aside, and to have it declared that the pursuer was proprietor of all the mines and minerals within his lands.

The facts of the case and the state of the titles are fully set forth in the note to the Lord Ordinary's interlocutor, as follows:—

Note .—The Earl of Breadalbane, the pursuer of this action, is proprietor of the lands and earldom of Breadalbane. He succeeded to the estates on the death of his father, the sixth Earl, and made up titles thereto as heir of taillie and provision to his father, under an entail executed by the third Earl of Breadalbane in 1775. He recently disentailed the estates under the authority of the Court of Session, so that they now belong to him in fee-simple.

The pursuer, on the other hand, maintains that the mines and minerals belong to him, as the proprietor of the estates, and he has raised the present action against Mr Jamieson as judicial factor, for reduction of the titles under which the defender claims the mines and minerals, and for declarator of his own right to these subjects.