Margaret McKenzie v. David Nutter

The Sheriff found in fact and law that the appellant had been unjustly enriched by the taking of a pro indiviso share in the property known as Eldamar in contemplation of her contributing financially by applying the free proceeds of the sale of her house, when sold, to paying off the outstanding mortgage on the property and, that basis having failed to materialise, the appellant having obtained decree for division and sale in respect of Eldamar and having exposed for sale, the respondent was entitled to payment from the appellant of her one half share of the net proceeds of the sale of Eldamar. Against that decision the appeal was taken. The court here considered the doctrine condictio causa data causa non secuta - a claim for something given on a basis which has failed. The court approached the appeal under 4 headings:- (1) Has the appellant been enriched at the expense of the respondent and what is the nature of that enrichment? (2) If so, was that enrichment unjust? (3) If so, what remedy, in the particular circumstances of this case, is open to the respondent? and (4) Is that remedy equitable?