Scottish Court of Session Decisions

The other Judges concurred.

The Court pronounced the following interlocutor:—

“The Lords having resumed consideration of the reclaiming note and the claims of the parties, and having heard counsel thereon, Find that the parties held entitled to certain expenses by the interlocutors of twenty-eighth January eighteen hundred and sixty-five, seventh February eighteen hundred and sixty-five, fifth June eighteen hundred and sixty-nine, and twelfth January eighteen hundred and seventy-one, have agreed to pass from all claim for said expenses except as regards the sums of five guineas and four guineas mentioned in said interlocutor of twenty-eighth January eighteen hundred and sixty-five: Find that the funds in medio fall to be distributed and paid in accordance with the following scheme of division, that is to say (1) the claimant James Cook, Berwick-on-Tweed, shall receive one-half share pro indiviso of the heritable subjects, with entry as at the term of Martinmas 1873, together with one hundred and fifty pounds sterling as his proportional share of the rents, and the claimants Ann Barclay or Burnside and Margaret Barclay or Scott shall each receive one-fourth share pro indiviso of the heritable subjects, with entry as at the said term of Martinmas 1873, together with seventy-five pounds sterling as a proportional share of the rents; (2) The raiser Charles Murray Barstow, as raiser and as factor loco absentis to Gavin Maltman, shall be entitled to expenses to be paid out of the funds in medio; (3) David Curror, solicitor, Supreme Courts of Scotland, as agent disburser shall receive out of the funds in medio the sum of four hundred pounds sterling on account of the expenses incurred by the parties whose adjusted revised condescendence and claims

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are Nos. 200 and 201 of process respectively; and (4) the remainder of the funds in medio shall be divided into nineteen equal parts or shares, of which one share shall be paid to the said claimant Ann Barclay or Burnside and her husband for his interest, one share shall be paid to the said claimant Margaret Barclay or Scott, one share shall be paid to the claimant Duncan M'Carter, Edinburgh, as executor dative of his father the deceased claimant Duncan M'Carter, Bathgate, one share shall be paid to the claimant George M'Carter, one share shall be paid to the claimant Elizabeth Watt or Dodds and her husband for his interest, one share shall be paid to the claimant Edward Cook otherwise called Edward Elliot Cook, as an individual, one share shall be paid to the claimant James Cook, sometime warehouseman London, one share shall be paid to the claimant Mary Cook or Fletcher, one share shall be paid to the claimant Ann Cook or Horner, one share shall be paid to the claimant Alexander Ireland, as assignee of the deceased claimant Margaret Cook or Kelly, one share shall be paid to the claimant Eleanor Cook or Worth and her husband for his interest, one share shall be paid to the claimant John Barrow as executor to his deceased wife Jane Cook or Milner or. Barrow, one share shall be paid to the said claimant James Cook, Berwick-on-Tweed, two shares shall be paid to the claimant Stephen Maxwell Cook, one share shall be paid to the claimant Isabella Cook or Taylor and her husband for his interest, one share shall be paid to the claimant Eliza Ann Cook or Wilson and her husband for his interest, and two shares shall be paid to the claimant James Cathie: and Find that, as regards the question of expenses reserved by the interlocutors of sixth March eighteen hundred and sixty-one and fourteenth March eighteen hundred and sixty-two, and also as regards the question of expenses referred to in the interlocutors of twentieth July eighteen hundred and sixty-five and twelfth February eighteen hundred and sixty-seven, and all other questions of expenses, no party shall be entitled to or liable in expenses except in so far as already paid out of the fund in medio as above provided for: Rank and prefer the parties above specified on and to the fund in medio in terms of the scheme of division foresaid: Grant warrant to and ordain the said Charles Murray Barstow to convey and make payment in terms of the said scheme of division: Quoad ultra repel the whole claims lodged in process, and decern.”