000			02189cab a2200325 4500
001			ABS67662
008			040331n2004 000 0 eng u
035			_a(Sirsi) u125688
245			_aBurnett's Trustee v Grainger and another
260			_c2004
490			_aEstates Gazette _v[2004] 11 EG 139 (CS) (1)
520			_a[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			_aABS
650			_aREAL RIGHTS ACT 1693
650			_aSHARP V THOMSON
650			_aSCOTTISH LAW
650			_aBURNETT'S TRUSTEE V GRAINGER AND ANOTHER
650			_aEARL OF FIFE V DUFF
650			_aBUCHAN V FARQUHARSON
650			_aWYLIE V DUNCAN
650			_aHERITABLE REVERSIONARY CO LTD V MILLAR
650			_aTOD'S TRUSTEES V WILSON
650			_aBANKRUPTCY (SCOTLAND) ACT 1985 S31(1)
650			_aBANKRUPTCY
650			_aSEQUESTRATION
650			_aREGISTER OF SASINES
690			_aPROPERTY AND LAND LAW-CASE LAW
856			_uhttps://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040304/burnet-1.htm _zView HL judgment on parliament websiteƯ
942			_n0
999			_c74332 _d74332