Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1892/29SLR0432.html
Cite as: [1892] ScotLR 29_432, [1892] SLR 29_432

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SCOTTISH_SLR_Court_of_Session

Page: 432↓

Court of Session Inner House First Division.

Friday, February 26. 1892.

29 SLR 432

Ross (Fraser's Judicial Factor).

Subject_1Judicial Factor
Subject_2Cautioner
Subject_3Woman.
Facts:

Held that an unmarried woman might be accepted as cautioner for a judicial factor's intromissions.

Headnote:

This was a note presented by Hugh Houstoun Ross, judicial factor on the trust-estate created by the antenuptial contract of marriage of Mr and Mrs Edward Fraser.

Mr Ross stated that he had been appointed judicial factor in 1884, and had acted as such ever since, “his cautioners having been (first) his father Hugh Ross, W.S., now deceased, and (second) his mother, Mrs Ross, also now deceased. … New caution having again to be found, Mary Charlotte Ross, spinster, residing at No. 16 Northumberland Street, Edinburgh, aged 44, has been offered as cautioner, but the Clerk of Court having expressed doubts as to accepting her as such, it is necessary to have the proposal sustained by the Court. The estate under the factor's charge consists of £3156, 5s. 11d. 2 3 4 per cent. consols, and £41 of same consols, and £15, 14s. 4d. in bank…. The cautioner offered has means and estate to the value at least of £5000.”

The judicial factor craved the Lord President to move the Court “to authorise the Clerk of Court to accept of the said Mary Charlotte Ross as cautioner for the said Hugh Houstoun Ross, as judicial factor foresaid.” …

At advising—

Judgment:

Lord President—That no disqualification attaches to a woman as cautioner is pretty clearly shown by what has been done in this factory, in which a woman has already been accepted in that capacity, and we are told that that was done with the approval of the late head of the Court. There might be difficulties perhaps if this lady were to marry, but until that event occurs we are not called upon to decide in regard to them.

Lords Adam, M'Laren, and Kinnear concurred.

The Court granted the authority craved

Counsel:

Counsel for the Judicial Factor— Dudley Stuart. Agents— Macrae, Flett, & Rennie, W.S.
1892

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