Scottish Court of Session Decisions

This was a petition and complaint at the instance of Mr Robertson of Dundonnachie against Mr R. Mitchell, the trustee on his sequestrated estate, praying for his removal from the office of trustee on the ground of certain alleged fraudulent proceedings. The Court, by interlocutor dated 17th March 1871, before answer, and reserving all objections to the competency of the petition, appointed the respondent, as trustee, to call a meeting of the creditors, to lay the proceedings before them, and to report to the Court any resolution that the creditors might adopt thereanent. A meeting of the creditors was accordingly called by notice and special circulars. The meeting was held on the 8th of April. A large number of creditors were present or represented by mandatories. The whole proceedings having been laid before the meeting, a resolution was proposed and carried, with one dissentient, that “the meeting is of opinion that they should not interfere, and that the trustee should continue in his office.”

The minutes of the meeting were now reported to the Court and parties heard thereon.

The Solicitor-General and Taylor Innes for the respondent.

Morrison, for the petitioner, was proceeding to address the Court, when Mr Robertson stated that he wished to plead his own case. He accordingly addressed the Court at considerable length.

At advising—