Factor appointed by the Court of Session. - Act of Sederunt 1611.
M'Lean Petitioner
Date: 11 January 1750 Case No. No 25.
A factor appointed by the Court found entitled to pursue for sums contained in decrees obtained by former factor who had been discharged.
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Robert M'Alaster being appointed factor on the sequestrated estate of Skelbo, obtained decrees against Erick Sutherland, Esq; commonly called Lord Duffus, for certain tack-duties due by him for his possession of a part of the estate, for some years preceding the year 1742.
By a subsequent act of factory, Robert M'Alaster was discharged, and James M'Lean appointed factor, with power to uplift the rents and duties of crop 1743, and in time coming till recalled, and all other powers usual, and likewise to call M'Alaster the former factor to account.
In virtue of this factory, M'Lean brought a process before the Lords against Erick Sutherland for the rents of crop 1743, arid for the sums contained in the decrees obtained against him for preceding years by M'Alaster the former factor, which the Ordinary once and again “Sustained, and decerned for the sums contained in the said decrees;” but at last, upon a representation from the defender, “Superseded advising the debate as to the rents preceding the 1743, contained in the decrees obtained by the former factor against the defender, until the factor should apply to the Lords to have his factory explained.”
And the factor having now applied for such explanation, The Lords “Found the factor entitled to pursue for the sums contained in the decrees, and decerned.”
