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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Aiton's Factor Petitioner [1876] ScotLR 13_175 (17 December 1876)
URL: http://www.bailii.org/scot/cases/ScotCS/1876/13SLR0175.html
Cite as: [1876] SLR 13_175, [1876] ScotLR 13_175
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SCOTTISH_SLR_Court_of_Session
Page: 175↓
Court of Session Outer House.
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Facts:
In an application for discharge by a judicial factor there was produced in process an extrajudicial discharge which had been granted to him by the sole beneficiary, and it was stated that the accounts of the factor had been examined by an accountant acting on behalf of this beneficiary. In these circumstances it was urged for the factor that there was no necessity for a judicial audit, but that he might be at once discharged, or at all events that a warrant should be granted for delivery of his bond of caution. The Lord Ordinary, upon the authority of the case of White, (July 17, 1860, 22 D. 1473) granted the warrant for delivery of the bond of caution, but as there had been no judicial audit, refused to grant a discharge.
Counsel for Petitioner— Scott-Moncrieff.
Solicitors: Agents— Scott-Moncrieff & Wood, W.S.