(173)  Distinguishing Sharp v Thomson

On 15 May 2002 an Extra Division pronounced in the case of Burnett’s Tr v Grainger 2002 GWD 17-572.  A had sold a house to B, who had entered into occupation but whose title was only recorded eight months after A’s sequestration and one month after A’s trustee had recorded notice of title to the property under the Bankruptcy (Scotland) Act 1985 s 31.  The sheriff principal had taken the view that he was bound to find in favour of B as a result of the decision of the House of Lords in Sharp v Thomson 1997 SC (HL) 66 (see 2000 SLT (Sh Ct) 116; on that decision see also G L Gretton, Equitable ownership in Scots law?”