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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pet. - Mackenzie or Brodie [1867] ScotLR 3_223 (15 February 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0223.html
Cite as: [1867] ScotLR 3_223, [1867] SLR 3_223
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SCOTTISH_SLR_Court_of_Session
Page: 223↓
Court of Session Inner House First Division.
Process
Facts:
The Court will not appoint a parish minister a judicial factor.
When an estate is small, the appointment of a factor and authority to make up titles may be asked in one petition.
This petition for the appointment of a judicial factor was reported by Lord Mure (1) because the person proposed to be appointed was a parish minister; and (2) because the petition for the appointment contained also a prayer for authority to make up titles to certain heritable subjects. His Lordship stated that the Court were not in use to appoint parish ministers to such an office; and, in regard to the second point, that although an application for authority to make up titles was generally the subject of a separate application, there were cases in which it had been held competent, as the estate was small, to combine it with the application for the factor's appointment.
Birnie, for the petitioner, cited Kirk, 14 S. 814, and Campbell, 12 D. 913, as cases in which parish ministers had been appointed. The estate was trifling, and the minister would act without remuneration.
The Court expressed their unwillingness to multiply precedents for appointing parish ministers, and another person was accordingly suggested and appointed. In regard to the other point, they thought that in this case the appointment and the authority to make up titles might be granted under the same application.
Solicitors: Agents for Petitioner— G. & J. Binny, W.S.