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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Leitch Lang v. Julia Downie and Others [1872] ScotLR 9_308 (28 February 1872)
URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0308.html
Cite as: [1872] ScotLR 9_308, [1872] SLR 9_308
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SCOTTISH_SLR_Court_of_Session
Page: 308↓
Court of Session Inner House First Division.
v.
Facts:
Where an action of multiplepoinding of executry funds was raised in name of the executrix as holder, while the funds were actually in the hands of her agent, who had undertaken a certain obligation to the cautioner of the executrix and also to parties having a claim against the funds:
Held that, the actual holder having been sisted as a party to the action, it was competent to ordain him to make consignation in the hands of the Clerk of Court, reserving to him all claims of lieu which he might have in respect of his obligation or otherwise.
Counsel for the Appellant— Macdonald. Agents— D. Crawford & J. Y. Guthrie, S.S.C.
Counsel for the Respondents— R. Johnstone. Agent— J. B. M'Intosh, S.S.C.