Judgments of the House of Lords

Bannatyne v. Overtoun

“It is ordered and adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of his Majesty the King assembled, that the said interlocutors complained of in the said appeal be, and the same are hereby, reversed. And it is further ordered that the cause be, and the same is hereby, remitted back to the Court of Session in Scotland, with a direction to declare

(1) that the association or body of Christians calling themselves the United Free Church of Scotland has no right, title, or interest in any part of the whole lands, properties, sums of money, and others which stood vested, as at the 30th day of October 1900, in the Right Hon. John Campbell, Baron Overtoun, and others, as general trustees of the Free Church of Scotland; and

(2) that the said appellants (pursuers), and those adhering to and lawfully associated with them, conform to the constitution of the Free Church of Scotland, are and lawfully represent the said Free Church of Scotland, and are entitled to have the whole of the said lands, property, and funds applied according to the terms of the Trusts upon which they are respectively held for behoof of themselves and so adhering to and associated with them and their successors, as constituting the true and lawful Free Church of Scotland; and that the defenders, the said Right Hon. John Campbell, Baron Overtoun, and others, as general trustees foresaid, or the defenders second enumerated, or those of the defenders in whose hands, or under whose control, the said lands, property, and funds may be for the time being, are bound to hold and apply the same (subject always to the Trusts aftermentioned) for behoof of the pursuers and those adhering to and associated with them as aforesaid, and subject to the lawful orders of the General Assembly of the said Free Church of Scotland, or its duly appointed Commission for the time being; and in particular that they are bound to denude themselves of the whole of said lands, property, and funds, in favour of such parties as may be nominated as general trustees by a General Assembly of the Free Church of Scotland, or its duly appointed Commission for the time being, but subject always to the trusts upon which the said lands, property, and funds were respectively held by the said defenders for behoof of the Free Church of Scotland as at 30th October 1900; and to do therein as shall be just and consistent with this judgment and direction:

And it is further ordered that the respondents do pay, or cause to be paid, to the said appellants the costs of the action in the Court of Session, and also the costs incurred in respect of the said appeal to this House, the amount of the said last-mentioned costs, certified as aforesaid, shall be paid to the parties entitled to the same within one calendar month form the date of the certificate thereof, the Court of Session in Scotland, or the Lord Ordinary officiating on the Bills during the vacation, shall issue such summary process or diligence for the recovery of such costs as shall be lawful and necessary.”

Macalister v. Young

“It is ordered and adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of his Majesty the King Assembled, that the said interlocutors complained of in the said appeal be, and the same are hereby, reversed. And it is further ordered that the said cause be, and the same is hereby, remitted back to the Court of Session in Scotland, with a direction to assoilzie the defenders from the conclusions of the action, and to do therein as shall be just and consistent with this judgment and direction; and it is further ordered that the respondents do pay, or cause to be paid, to the said appellants the costs of the action in the Court of Session, and also the costs incurred in respect of the said appeal to this House, the amount of such last-mentioned costs to be certified by the Clerk to the Parliaments; and it is also further ordered that unless the costs, certified as aforesaid, shall be paid to the parties entitled to the same within one calendar month from the date of the certificate thereof, the Court of Session in Scotland, or the Lord Ordinary officiating on the Bills during the vacation, shall issue such summary process or diligence for the recovery of such costs as shall be lawful and
necessary”.