Scottish Court of Session Decisions

Ante, pp. 423,475. This was a further application by Mr Auldjo Jamieson, as judicial factor on John Orr Ewing's trust-estate, in which he stated that he had exhibited to Messrs M'Grigor, Donald, & Co., the defenders’ agents, an extract of the decree of 7th March, and requested delivery of the several documents belonging to the trust-estate; that the documents were shown to him and a list of them made, but that delivery had been refused, and that he then took instruments in the hands of a notary-public; that the Royal Bank had refused payment, on the ground that they could only pay the balance on the current-account on the cheque of Messrs M'Grigor, Donald, & Co., and the sums contained in the deposit-receipts on delivery thereof duly endorsed: that the several companies in which stocks and shares were held had refused to make the transfers required, and to issue any certificate in favour of the factor without delivery to them of the certificates or other vouchers of their respective stocks, shares, and debentures.

The judicial factor therefore craved the Court “to grant warrant to messengers-at-arms to search for, recover, and take possession of the several books, certificates, bonds, and other documents specified in the schedule hereto annexed, and, if necessary for that purpose, to open all shut and lockfast places, and to deliver the said several books, certificates, bonds, and other documents, when recovered, to the said George Auldjo Jamieson, judicial factor foresaid, and to decern; to allow interim extract of the deliverance to be pronounced hereon, and to dispense with the reading in the minute-book, and allow extract to be issued forth with.”

The trustees contended that there was no precedent for such a prayer. A warrant to open lock-fast places was only granted as a means of enforcing a decree, but no decree had been here pronounced against them.

At advising—