Date of Decision: 10 Jun 1802
Abstract: Frederick M'Laggan owned the land known as the Annay of Melrose, but then sold it to John Layell. John Layell in turn leased the land to M'Laggan, who resided on it for some time. After his relations with the surrounding community soured, M'Laggan decided to live elsewhere, but sublet his residence in the Annay of Melrose to David Kyle. Mr. Layell passed away, and ownership of the land passed to Alexander Pringle. Alexander Pringle brought the case to court seeking the removal of Kyle and M'Laggan from the land claiming that the lease had expired, and also that M'Laggan never had the power to sublet in the first place. The case was decided in favor of Mr. M'Laggan, with the Court finding that the lease contained an implied power to sublet (Scots Digest).
Subjects: Landlord & Tenant, Lease, Sublease

Published Report

Scots Digest, 1800-1873, 56, 63

People or Organizations Associated with Case

Advocate for Pursuer:
RO. Forsyth
Advocate for Defender:
William Scott
Agent:
John Sommerville
A. Gibson, W.S.
M. Clk.
John Layell, Originally bought the land from Mr. M'Laggan, and then leased it to him. Died and land passed to Mr. Pringle.

Organizations