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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Borland v. Anderson's Judicial Factor [1901] ScotLR 39_109 (16 November 1901)
URL: http://www.bailii.org/scot/cases/ScotCS/1901/39SLR0109.html
Cite as: [1901] SLR 39_109, [1901] ScotLR 39_109
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SCOTTISH_SLR_Court_of_Session
Page: 109↓
Court of Session Inner House First Division.
v.
Facts:
In an action of proving of the tenor of an I O U alleged to have been granted in favour of the pursuer by the late Mrs A, the casus amissionis alleged was that Mrs A had wrongfully removed the I O U from the pursuer's repositories. The action was defended by a judicial factor appointed on Mrs A's estate. After proof had been led, and the Court had intimated that decree would be granted, the pursuer moved for expenses against the judicial factor on the
Page: 110↓
ground that, as the action had been rendered necessary by the illegal proceedings of Mrs A, her estate ought to bear the expense— Brown v. Orr and Others, January 21, 1872, 10 Macph. 397, 9 S.L.R. 232.
[
The Court decerned in terms of the conclusions of the summons, but found no expenses due.
Counsel for the Pursuer— M'Lennan. Agents— Miller & Murray, S.S.C.
Counsel for the Defenders— M'Clure. Agent— F. J. Martin, W.S.