Scottish Court of Session Decisions

Subject_1Process
Subject_2Multiplepoinding
Subject_3Claims
Subject_4Motion to Allow New Claim after Decree of Ranking and Preference in Outer House — Expenses.
Facts:

In an action of multiplepoinding the Lord Ordinary, after certain procedure, including a proof, sustained the claims for two of the claimants, and ranked and preferred them rateably upon the fund in medio. An unsuccessful claimant presented a reclaiming-note, and a person who maintained that he was in the same position as the successful claimants put in a minute of sist and craved the Court to allow him to lodge a condescendence and claim in the multiplepoinding. The minuter stated that he was not called in the multiplepoinding, that there had been no public advertisement for claims, and that the dependence of the action had only come to his knowledge after the record had been closed and the case sent to proof.

The two respondents maintained that the motion should only be granted on payment of one-third of the expenses incurred by them respectively up to date— Morgan v. Morris, March 11, 1856, 18 D. 797.

The Court granted the minuter's motion on condition of his paying to each of the successful claimants one-third of the expenses already incurred by him.