Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 SEQUESTRATION.

Mr Walker and Other Creditors of James Pearson, Petitioners,
v.
Samuel Donaldson, Factor on the Sequestrated Estate of said James Pearson

Date: 17 December 1776

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

A factor upon a sequestrated estate, in terms of the late Act of Parliament, having failed to give in his accounts in terms of the Act, the Creditors, 27th July 1776, gave in a petition, craving that he ought to be ordained to give in his accounts betwixt and a day certain; and, failing thereof, that his bond of cautionry ought to be registered for execution, and a charge given in consequence thereof. The Lords ordered the petition to be served upon the factor, as in Court:—he gave in answers accordingly. They were unsatisfactory. At advising, the Lords pronounced an interlocutor, “ordaining the factor to produce his accounts in the Clerk's hands, betwixt and Friday next; and, in case he shall fail so to do, grant warrant to the Clerks of Session, their deputes or substitutes, or keepers of their records, in whose hands the said bond of cautionry lies, to put the same into the register for execution, to the end that the petitioners, or all concerned, may have extracts thereof for execution ; and ordain execution to proceed thereon accordingly, at their instance, in common form.”

This day, 3d August 1776, the cause was again moved. The accounts were given in, by which a balance was acknowledged of £83, besides other articles to which the Creditors objected. The Lords pronounced this interlocutor :— “The Lords having resumed consideration of this petition, and having also considered the accounts produced, by which it appears that an acknowledged balance of £83 sterling, or thereby, is due to the Creditors ; therefore, in terms of their former interlocutor, ordain the bond of cautionry to be registered, and execution upon the extract awarded, at the petitioner's instance, for payment of said L.83 ; and decern. But as to any controverted articles in said account, remit to next week's Ordinary on the Bills to hear parties' procurators thereon, and to do as he shall see cause,"

A petition of a like kind, this day, 5th December 1776, was only ordered to be intimated,—Petitioner Beveridge. When answers came in, they set forth that he was not factor, but trustee. But the Lords observing that no Act of Court had been pronounced in terms of the Act, they considered him still as factor, and ordered him to give in his accounts against a day certain, and found him liable in the expense of the application.