M'Gavin v. Sturrock and Another

In an action at the instance of the landlord to have the trustee in bankruptcy interdicted from selling the last crop until he had paid or found security for the rent payable for the same, it was held that the trustee had not adopted the lease, and that the landlord had secured no preference for his debt as against other creditors.

By lease dated 22nd and 27th October 1858 Robert M'Gavin of Ballumbie, Forfarshire, and others, as trustees of the late William M'Gavin, let to Charles Sturrock, farmer, the farm of Ballumbie for nineteen years with entry at Martinmas 1859.

The term of endurance of said lease came to an end at Martinmas 1878, but Sturrock continued in possession of the farm from year to year by tacit relocation down to 28th August 1890, when his estates were sequestrated, an abatement of rent having been made in 1887. Thomas Martin Dodds, auctioneer, Dundee, was on 9th September 1890 duly elected trustee in the sequestration, and thereafter entered upon the duties of his office.

The landlord brought an action of suspension and interdict against the tenant and his trustee in bankruptcy to have them interdicted from removing from the lands of the farm any part of the crop of the year 1890, whether still growing on the lands or already reaped or gathered and stored thereon until payment should have been made to him of the rent for the crop and year 1890, or security found for the same.

The complainer pleaded—“In respect of the above-recited provisions of the said lease, and of the bankruptcy of the said Charles Sturrock, the complainer, in the circumstances condescended on, is entitled to interdict as craved.”