Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

Hary Dow, writer in Edinburgh,
v.
Mr David Seaton of Northbank.

Date: 24 Feb 1709

Click here to view a pdf copy of this documet : PDF Copy

Hary Dow, as curator to Cassie of Kirkhouse, having obtained a decreet of count and reckoning, against Mr. David Seaton, late co-curator and factor; as a person suspected, and debtor to the minor in a great balance: Mr. David procured a suspension of the decreet, upon consigning a disposition of all his means and estate, for security of the foresaid balance; during the dependence of which suspension he was discharged to meddle in the minor's affairs. After the Ordinary in the suspension had constituted the charge against the suspender, which was very considerable, and before his articles of discharge could be particularly discussed; Hary Dow having represented to the Lords by bill, that Mr. Seaton's affairs were turned altogether in disorder; that himself had absconded, and his creditors were going on with diligence against his estate:—

The Lords appointed the consigned disposition to be registered, and given up to Hary Dow, to take infeftment thereon, for securing to the minor what balance Mr. David Seaton should be found debtor in at the event of the count and reckoning. Albeit it was alleged for the suspender, that infeftment could not be taken for a debt not yet constituted.

Page 327.