Sale of Lands – Wadset – Decree of Sale.-
The York Buildings Company purchased the forfeited estate of the late Earl Marischall, together with the right of redemption of the wadsets and superiorities thereof. There were two wadsets on the lands of Clerkhill and Downieshill, being part of the Marischall estate. The Marischall estate, along with others, was afterwards let on lease to Sir Archibald Grant and Mr. Garden; and were thereafter ordered to be sold by Act of Parliament, as so let on lease. Neither the articles as to the lease, nor the Act of Parliament, mentioned any thing about the wadset lands of Clerkhill and Downieshill, although the prepared state and scheme of the rental included them in the computation of the rental and price at which they were to be exposed. The purchaser insisted that they were included, and ought to go into his charter, as the decree of sale conveyed to him ‘all and hail the late Earl Murischall’s lands in the county of Aberdeen, except certain parts therein mentioned.’ Held, that the right of reversion was not included in the sale, and still belonged to the York Buldings Company.
[1780] UKHL 2 – Paton – 541, (1780) 2 Paton 541
Bailii
Scotland
Land
Updated: 12 January 2022; Ref: scu.561500