Commercial Union Assurance Co Ltd v Waddell and Another: HL 4 Apr 1919

The reddendo of a feucontract by which certain areas of building ground were conveyed stipulated for a feuduty payable at two terms in the year, Whitsunday and Martinmas, commencing the first payment at a certain date, and then provided-‘And further, to pay . . a duplicand of the said . . feuduty at the termination of every period of twenty years,’ and it was declared that when sufficient buildings were erected to adequately secure ‘the cumulo feuduty and composition’ the vassals should be entitled to allocate ‘the cumulo feuduty and duplication thereof’ with the approval of the superiors. Held ( dis. Lords Finlay and Atkinson) that the sum payable to the superior in every twentieth year as duplicand was twice the amount of the feuduty for that year in addition to the feuduty for that year. Authorities examined.

Lord Buckmaster, Lord Finlay, Lord Dunedin, and Lord Atkinson
[1919] UKHL 320, 56 SLR 320


Updated: 04 January 2022; Ref: scu.632773