Burnett's Trustee v Grainger and another (Record no. 74332)

MARC details
000 -LEADER
fixed length control field 02189cab a2200325 4500
001 - CONTROL NUMBER
control field ABS67662
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040331n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125688
245 ## - TITLE STATEMENT
Title Burnett's Trustee v Grainger and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 11 EG 139 (CS) (1)
520 ## - SUMMARY, ETC.
Summary, etc. [2004] UKHL 8, 4 March 2004. Appeal by purchasers (G) against a decision that the respondent trustee (T) of a vendor (B) could evict them from a flat. G had taken possession of the flat but failed to record B's disposition in the Register of Sasines. B executed a trust deed in favour of her creditors. B's estate was sequestrated and the whole of her estate was vested in T as permanent trustee. T gave notice that he had a right to the flat as trustee and G subsequently recorded B's disposition. Appeal against the decree that the property was vested in T, since the date of sequestration centred on the interpretation of 'the whole estate of the debtor' in the Bankruptcy (Scotland) Act 1985 s31(1). Gsubmitted that B could not have disponed the flat without being guilty of fraud, but T argued that B's right of property was vested in him and he was unaffected by any of B's personal obligations. "Held": appeal dismissed. B's right to the flat was vested in T as part of B's 'whole estate' under the 1985 Act s31(1). T's infeftment was preferable to G's by reason of the Real Rights Act 1693. View judgment at www.the-stationery-office.co.uk.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REAL RIGHTS ACT 1693
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHARP V THOMSON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCOTTISH LAW
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BURNETT'S TRUSTEE V GRAINGER AND ANOTHER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EARL OF FIFE V DUFF
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BUCHAN V FARQUHARSON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WYLIE V DUNCAN
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HERITABLE REVERSIONARY CO LTD V MILLAR
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOD'S TRUSTEES V WILSON
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BANKRUPTCY (SCOTLAND) ACT 1985 S31(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BANKRUPTCY
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SEQUESTRATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REGISTER OF SASINES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040304/burnet-1.htm">https://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040304/burnet-1.htm</a>
Public note View HL judgment on parliament websiteƯ
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 31/03/2004   ABS67662 125688-1001 06/08/2019 1 06/08/2019 Law report