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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Milne [1834] CA 13_222 (20 December 1834)
URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0222.html
Cite as: [1834] CA 13_222

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SCOTTISH_Shaw_Court_of_Session

Page: 222

Milne
No. 76.

Court of Session

1st Division

Dec. 20 1834

David Milne,     Petitioner.— A. Wood.

Subject_Judicial Factor.—

Circumstances in which the Court granted authority to a judicial factor to accept renunciations of leases, and to re-let the lands by public roup or to grant an abatement from the rents.

David Milne, advocate, judicial factor on the estate of Billie, presented a petition, stating that ten of the smaller tenantry on the estate, holding leases which had still four years to run, were liable for rents considerably higher than the land was now worth, or the tenants could afford; that the price of corn was one-third lower than when the leases were granted; that the tenants had applied for a reduction of rent, or freedom from their leases, and he was satisfied it would be injurious to the estate, as well as to the tenants, unless some relief could be afforded to them; that the most expedient way of relieving them seemed to be by accepting renunciations of their leases, and letting the lands anew, by public roup, as this would ascertain their present true market value. He therefore craved the Court “to grant power to the petitioner to accept renunciations of the leases from the tenants enumerated in the abstract subjoined hereto, as at the term of, and to authorizehim to relet the farms, &c. by public roup, after due notice thereof, by advertisement in the newspapers, or otherwise; or to give such abatement to the said tenants from the present rents, for the remaining years of their leases, as to your Lordships shall seem proper.”

The Court granted the prayer of the petition.

Solicitors: H. Macqueen, W. S.—Agent.

SS 13 SS 222 1834


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URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0222.html