Edinburgh Albert Buildings Co. Ltd v. General Guarantee Corporation Ltd

The pursuers averred —“(Cond. 3) The defender paid the rent of said hall for the period from the date of his entry down to the week ending 17th August 1915. He has paid no rent in respect of his possession from that date to 14th December 1915, when the lease was brought to an end by him. Page: 192 ↓

They pleaded—“The defender being due to the pursuers the rent sued for, the pursuers are entitled to the warrants and decrees craved, with expenses.”

The compearers pleaded —“3. The pursuers having no right of hypothec whatever, and having relied entirely on the personal credit of their tenant, are not entitled to sequestrate said player piano, and the same should be released from said sequestration.” The pursuers pleaded—“2. The minuters' averments being irrelevant, the minute should be dismissed. 3. The player piano referred to being subject to pursuers' hypothec, the crave of the minuters to have the sequestration recalled should be refused with expenses.”

On 15th March 1916 the Sheriff-Substitute ( Guy ) sustained the second and third pleas-in-law for the pursuers, refused the crave of the minute for the compearers, and granted warrant to sell the player piano for payment to the pursuers of the rent due.

Lord President —We have here before us a petition for sequestration for rent presented at the instance of the proprietors of the Albert Hall in Shandwick Place. The inventory and appraisement following thereon includes only a player-piano. This instrument is the property of the minuters who crave that it should be released from the sequestration on the ground that it is their property, that it was let to the tenant on the hire-purchase system in terms of an agreement set out on record.