One pro indiviso proprietor of heritable property sought summarily to eject other pro indiviso proprietors from part of the property.
Held: Lord Keith doubted the need to sist the action of ejection: ‘That it can be used against a co-owner who has a right to possess, flowing from his property title, is, in my opinion, a plain impossibility. A co-owner, it is true, has not an exclusive right of possession, unless by agreement with his co-owners, but he may possess in a variety of ways. He may allow a co-owner to have sole natural possession in return for a compensating money payment; . . . Nowhere will a trace be found in textbook or decision that a dispute about possession between co-owners can be solved by an action of ejection, though down the centuries countless such cases must have occurred.’
1951 SC 359
Cited – Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others HL 16-Oct-1997
(Scotland) Joint pro indiviso proprietors of land were not able at law to create a binding lease in favour of one of their number, so as to defeat the proper claims of a third party. A person cannot enter into a contract with himself.
Held: . .
These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.182826