Scottish Court of Session Decisions

A petition was presented on 17th April 1897 by Mr Thomas Hunter, grocer, Lasswade, with the concurrence of Mr Ormiston, a creditor, for sequestration of Mr Hunter's estates. A deliverance was pronounced by the Sheriff granting sequestration in terms of the prayer of the petition, and at a meeting of creditors, held thereafter, Mr Charles Romanes was appointed trustee in the sequestration.

A petition was presented by Messrs Martin … Company, wine merchants, Leith, who were creditors of Mr Hunter, craving the Court to recal the sequestration on the ground that the affidavit of the concurring creditor did not comply with the statutory requisites.

After a proof the Lord Ordinary ( Pearson) on 17th July 1897 refused the prayer of the petition, and found the petitioners liable to the trustee “for the expenses incurred by him in watching the case on behalf of the estate, and of attending the proof.”

The petitioners reclaimed, and the Court adhered to the Lord Ordinary's interlocutor.

The reclaimers objected to the Auditor's report on the trustee's account of expenses, inter alia, in respect that he failed to tax off the expenses of “framing precognitions” amounting to £3, 6s. They maintained that these were not truly expenses of watching the case.