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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miller v. Miller and Tutors [1876] ScotLR 14_132 (30 November 1876)
URL: http://www.bailii.org/scot/cases/ScotCS/1876/14SLR0132.html
Cite as: [1876] ScotLR 14_132, [1876] SLR 14_132
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SCOTTISH_SLR_Court_of_Session
Page: 132↓
Court of Session Inner House First Division.
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v.
Facts:
The Act 5 Geo. IV. c. 87 (Lord Aberdee's Act), provides that in case of an heir of entail ill possession being sued for payment of provisions granted under the Act to the children of a former heir, he shall be discharged from such suit upon conveying to a trustee, “to be named by the Court of Session,”one-third part of the rents of the estate. In such an action the Court (on a report by the Lord Ordinary), and following the precedent of the case of Maxwells v. Maxwell, June 26 1840, 2 D. 1225, instructed his Lordship to appoint a trustee.
Counsel for Pursuer— George Watson. Agent —H. R. Macrae, W.S.
Counsel for Defender— Pearson. Agents— Mackenzie, Innes, & Logan, W.S.