M'Laren and Others (Trustees for Barony Parish of Glasgow) v. Burns

Subject_1 Superior and Vassal Subject_2 Casualty Subject_3 Redemption of Casualty Subject_4 One Year's Rent — Special Value of Subject to Vassal — Conveyancing (Scotland) Act 1874 (37 and 38 Vict. cap. 94), sec. 15.

Superior and Vassal — Casualty — Minerals. Facts: A parochial board who were proprietors of the dominium utile of lands (feued prior to 1874) on which they had erected at great expense an asylum for pauper lunatics, desired to redeem the casualties incident thereto on payment, under section 15 of the Conveyancing (Scotland) Act 1874, of the amount Page: 399 ↓

Opinion that in estimating the amount of the highest casualty for the purposes of redemption, the Court will not inquire whether there are minerals in the land capable of being worked if searched for, and what their value would be if found.

The Parochial Board of the Barony Parish of Glasgow were proprietors of the lands and estate of Woodilee, on part of which an asylum for pauper lunatics was erected in the parish of Kirkintilloch and county of Dumbarton. Mr John William Burns of Kilmahew and Cumbernauld was the superior of these lands. The last entered vassal in these lands was Alexander Bennet M'Grigor, writer in Glasgow, who was alive at the date of this action, and the said lands were consequently not in non-entry. The entry of singular successors was untaxed.

The Parochial Board became desirous of redeeming the casualties of superiority incident to the lands in virtue of the provisions of The Conveyancing (Scotland) Act 1874. On 29th December 1883 the law agents for the board wrote to Mr Burns’ law agents to intimate to them the intention of the board. The parties, however, were unable to come to any agreement as to the amount of the redemption money of the said casualties.