Scottish Court of Session Decisions

Subject_1 FACTOR.

Crawfurd
v.
Representatives of Crawfurd

1739, Nov. 30.
Case No. No. 6.

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The Lords altered the Ordinary's interlocutor, and found the pursuer had the jus exegendi, though we thought that any defence competent against the representatives of the granters of the factory would be competent against her, and in this we were pretty unanimous, but we differed more as to John's share of executry. The fact appeared to be, that John assigned to his father on November 19th, the father and the other children granted the factory December 2d, and their factor made the transaction December 10th, and from his discharge it appeared John was then dead. But whether he was dead before the factory did not appear, so the question was, Whether John's share of the executry not confirmed before his death, which was before the transaction, went to the other brothers and sisters, or if notwithstanding thereof the father had right to it by his assignation from the son John?—and it carried, that it descended to the other brothers and sisters, of which opinion I was.