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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Farlane v. Walker and Others [1878] ScotLR 15_383 (20 February 1878)
URL: http://www.bailii.org/scot/cases/ScotCS/1878/15SLR0383.html
Cite as: [1878] ScotLR 15_383, [1878] SLR 15_383
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SCOTTISH_SLR_Court_of_Session
Page: 383↓
Court of Session Inner House First Division.
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v.
Facts:
Two records were made up in a multiple-poinding, one upon the condescendence of the fund in medio and objections thereto, and another upon the claims.— Held (1st) that the two were separate causes, and that an interlocutor disposing finally of all objections against the fund in medio exhausted that cause, and that it was therefore unnecessary to obtain leave from the Lord Ordinary to reclaim; and (2d) that the amount of the fund in medio was finally settled by an interlocutor which held the condescendence annexed to the summons as a condescendence of the fund in medio, and by another which repelled objections to the condescendence.
Counsel for Reclaimer— Thorburn. Agents— J. & J. Gardiner, S.S.C.