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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hunter, Cox, and Others v. Kerr [1873] ScotLR 11_8_1 (25 October 1873)
URL: http://www.bailii.org/scot/cases/ScotCS/1873/11SLR0008_1.html
Cite as: [1873] SLR 11_8_1, [1873] ScotLR 11_8_1
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SCOTTISH_SLR_Court_of_Session
Page: 8↓
Court of Session Inner House First Division.
[Sheriff of Forfarshire.
v.
Facts:
The seller of a house and ground declined to deliver any disposition of the property which did not contain a clause of servitude under which he had himself held the subjects. The purchaser, considering that he was entitled, in the circumstances, to a disposition unqualified by such a restriction, presented a petition in the Sheriff-Court to compel delivery of the disposition.
Held, that this, although ex facie a petition ad factum praestandum, was in reality a petition to do something which would have the effect of transferring a title to heritable property, and therefore incompetent before the Sheriff-Court; and that, so far as the question raised was one of servitude, it was not of such a nature as to come under the application of the statute quoted.
Observed—This case was ruled by that of Gordon, M. 12,245.
Counsel for Appellant— Asher. Agents— M'Ewen & Carment, W.S.
Counsel for Respondent—. Agent— Neil M. Campbell, W.S.