Scottish Court of Session Decisions

Subject_1Process
Subject_2Authority to Correct Error in Note and Extract Decree.

Facts:

The liquidators of the Benhar Coal Company presented a note to the Court setting forth that they had in 1882 sold the superiority of certain ground feued by the company to a Mr Renton under the authority of the Court; that after the sale was completed, it had been discovered by the purchaser's agents that in the note craving authority to sell, and in the extract-decree thereafter obtained, the date of the feu-contract, under which the ground was held by Mr Renton, had been wrongly stated as 24th and 29th September 1878 instead of 24th and 27th September 1878. The liquidators therefore prayed the Lord President “to move the Court to authorise the correction of the foresaid error in said note, and also to grant warrant to the Principal Extractor of Court to make the corresponding alteration on the extract of the decree thereafter pronounced, and to the Deputy Keeper of the Records to make the corresponding alteration in the record copy of the said decree, by substituting the date 24th and 27th September as the proper date of said feu-contract in place of 24th and 29th September. Reference was made to the following authorities:— Hope v. Hamilton, July 1, 1851, 13 D. 1268; Small's Trustees, July 5, 1856, 18 D. 1210. The Court granted the prayer of the note.