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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Buchanan v. Stevenson and Others [1880] ScotLR 18_132_1 (7 December 1880)
URL: http://www.bailii.org/scot/cases/ScotCS/1880/18SLR0132_1.html
Cite as: [1880] SLR 18_132_1, [1880] ScotLR 18_132_1
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SCOTTISH_SLR_Court_of_Session
Page: 132↓
Court of Session Inner House First Division.
[
v.
Facts:
In an action of reduction on the ground of fraud the Lord Ordinary gave decree against a defender. Both parties reclaimed. On the reclaiming-notes appearing in Single Bills counsel for the pursuer moved that the defender should be ordained to find caution for expenses, in respect that his estates were in sequestration, and that the trustee thereon had not appeared. The Court refused the motion, with three guineas of expenses, observing that the general rule, as laid down by the House of Lords in Taylor v. Fairlie's Trustees, March 1, 1833, 6 W. & S. 301, was against a defender in such a position as this being obliged to find caution for expenses of process, and that in this case, where the bankrupt's character was challenged, fraud being alleged, he should be allowed to proceed in the action without doing so.
Counsel for Pursuer— Mackintosh. Agent— Alex. Morison, S.S.C.
Counsel for Defender— Robertson. Agent— James Coutts, Solicitor.