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Page: 241↓
(Before
In this case, in which Andrew Monilaws Pringle, residing in Cumberland Street, Edinburgh, assignee of Miss Helen Pringle, residing there, conform to assignation by her in his favour, dated 1st October 1862, is pursuer; and Walter Hood, farmer, Law-houses, Haddingtonshire, and others, trustees of the deceased John Hood, farmer, are defenders, the following were the issues:—
I. “Whether, on or about Whitsunday 1843, the late John Hood, tenant Newmains, received from the trustees of his then deceased wife a legacy of £400, left by her to Helen Pringle, her niece? And whether the defenders, as trustees of the said John Hood, are due and resting-owing the said sum of £400, with interest, to the pursuer, as assignee of the said Helen Pringle?”
II. “Whether, on or about Whitsunday 1843, the said John Hood received from the said Helen Pringle the sum of £150, to be taken care of by him for her behoof? And whether the defenders, as trustees of the said John Hood, are due and resting-owing the sum of £150, with interest, to the pursuer, as assignee of the said Helen Pringle?”
III. “Whether, on or about Whitsunday 1849, the said Miss Helen Pringle left in Newmains farm-house, occupied by the said John Hood, in
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possession and charge of the said John Hood, the articles of furniture and others, her property, specified in the schedule hereunto annexed? And whether the said articles, or some of them, were not delivered to the said Miss Helen Pringle, or to the said pursuer as her assignee, or to any one for her or his behoof? And whether the said articles were of the value of £50, or of what value?” After the jury were sworn the case was compromised, the defenders agreeing to pay to the pursuer £140, and to give up the articles of furniture referred to in the third issue, each party paying his own expenses.
Counsel for Pursuer— Mr Fraser and Mr Brand. Agents— Messrs Wotherspoon & Mack, W.S.
Counsel for Defenders—The Solicitor-General and Mr J. R. Davidson. Agents— Messrs Hill, Reid, & Drummond, W.S.