David L Carey Miller
- Published in print:
- 2010
- Published Online:
- September 2015
- ISBN:
- 9781845860677
- eISBN:
- 9781474406260
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860677.003.0007
- Subject:
- Law, Legal History
This chapter explores the legal dispute between the University of Aberdeen and the Queen's and Lord Treasurer's Remembrancer (QLTR) of the Crown regarding the ownership of St. Ninian's isle treasure ...
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This chapter explores the legal dispute between the University of Aberdeen and the Queen's and Lord Treasurer's Remembrancer (QLTR) of the Crown regarding the ownership of St. Ninian's isle treasure in Shetland. The University, led by Principal Thomas Taylor QC, initially intended to house the treasure in the Museum of Marischal College until such time as a suitable museum was available in Shetland. However, the Crown, through QLTR, claimed its absolute right of ownership over the treasure based on the quod nullius principle — the vesting of the title to ownerless moveable goods, which had been previously owned, in the Crown. As a defence, the University argued that, under the udal tenure law, the absolute ownership of buried things is vested in the landowner. Despite the quashing of the University's claim, the treasure remained in their possession for about two years before it was transferred to the Crown.Less
This chapter explores the legal dispute between the University of Aberdeen and the Queen's and Lord Treasurer's Remembrancer (QLTR) of the Crown regarding the ownership of St. Ninian's isle treasure in Shetland. The University, led by Principal Thomas Taylor QC, initially intended to house the treasure in the Museum of Marischal College until such time as a suitable museum was available in Shetland. However, the Crown, through QLTR, claimed its absolute right of ownership over the treasure based on the quod nullius principle — the vesting of the title to ownerless moveable goods, which had been previously owned, in the Crown. As a defence, the University argued that, under the udal tenure law, the absolute ownership of buried things is vested in the landowner. Despite the quashing of the University's claim, the treasure remained in their possession for about two years before it was transferred to the Crown.
