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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scouller and Others [1834] CA 13_101a (28 November 1834)
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Cite as: [1834] CA 13_101a
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SCOTTISH_Shaw_Court_of_Session

Page: 101↓

Scouller and Others
No. 34.

Court of Session

1st Division

Nov. 28 1834

Lord President

John Scouller and Others,     Petitioners.— Wilson.

Subject_Factor Loco Tutoris—Process.—

If none of the nominees proposed in a petition for a factor loco tutoris will accept the office, the Court require a second intimation of the petition before appointing a different nominee.

Intimation of a petition, by John Scouller and Others, for the appointment of a factor loco tutoris to Mary Scouller, was made in common form. After the term had expired, the petitioners stated that none of the proposed nominees would accept the office, and craved leave to substitute a different nominee.

Lord President.—There must be a new intimation in consequence of the change proposed. The Court will not appoint a nominee as to whom no intimation has been made.

New intimation ordered accordingly.

Solicitors: R. Kennedy, W.S.—Agent.

 SS 13 SS 101 1834
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