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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson v Yuill [1835] CA 13_886a (10 June 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0886a.html
Cite as: [1835] CA 13_886a
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SCOTTISH_Shaw_Court_of_Session
Page: 886↓
v.
Subject_Process—Tutor and Curator.—
Circumstances in which the Court (of consent) recalled a decree against a minor and his curators, which ordained them to repay a loan of £2000, and allowed them farther time to produce evidence that the sum had been applied in extinction of debts affecting the minor's estate, and also to produce the titles of lands disponed by the minor in security to the creditor.
Ferguson lent £2000 to Andrew Yuill, a minor, and took an obligation from the minor and his curators, that the money should be expended in payment of debts for which the minor and his estate were liable. Yuill at the same time disponed certain lands to Ferguson in security. Ferguson afterwards raised action against Yuill and his curators, concluding to have them decerned either to produce evidence that the £2000 had been applied in extinction of debt, and to deliver the titles of the land conveyed in security; or to pay back the loan of £2000.
After making up a record, the Lord Ordinary allowed the defenders fourteen days to produce evidence as required, and also to produce the title-deeds in question. The defenders failed to do either of these; and, in respect of their failure, his Lordship decerned against them to pay back the loan of £2000.
The defenders reclaimed, and the Court, of consent, recalled and remitted to the Lord Ordinary to ordain the evidence and titles to be produced within fourteen days.
Solicitors: J. C. Reddie, W.S.— A. Gowan.—Agents.