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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fogo (Minister of Rowe) v. Caldwell [1868] ScotLR 6_112_1 (23 November 1868) URL: http://www.bailii.org/scot/cases/ScotCS/1868/06SLR0112_1.html Cite as: [1868] SLR 6_112_1, [1868] ScotLR 6_112_1 |
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Page: 112↓
A conterminous heritor offering to purchase portion of a glebe under section 17 of the Glebe Lands (Scotland) Act 1866, may withdraw his offer before a remit has been made to a surveyor to value the lands.
The Rev. Mr Fogo, minister of the parish of Rowe, obtained authority from the Court, under the provisions of the Glebe Lands (Scotland) Act 1866. to feu certain portions of his glebe. By section 17 of that Act, a conterminous proprietor may, within thirty days of the issuing of the interlocutor authorising the feuing of the glebe, intimate his willingness to feu, lease, or purchase as much of the glebe, at such a price as the Court shall fix, and on his so doing he is entitled to obtain the lands. Mr Caldwell, a proprietor whose lands are conterminous with the portion of the glebe to be feued, in virtue of his
Page: 113↓
pre-emptive right lodged a minute within the thirty days, agreeing to purchase the lands. But before the Court remitted to a surveyor to value the lands, he changed his mind and applied to the Court for permission to withdraw the minute. Laweie, for the minister, argued that, on the analogy of the Lands Clauses Act and the interpretation put upon it, the lodging of a minute by Mr Caldwell was just an acceptance of the offer made to him in the interlocutor authorising the glebe to be feued.
J. M. Lees, for Caldwell, replied, that lodging the minute was a mere intimation of willingness, and did not complete the contract, for if it did, then the conterminous proprietor who applied first would be entitled to the lands; and this the Court had negatived in the Rattray case. ( Ante, v. 659.)
The Court held that at this stage there was a power to withdraw.
Agents for Minister— A. G. R. & W. Ellis, W.S.
Agents for Heritor— Ronald & Ritchie, S.S.C.
