Scottish Court of Session Decisions

In a petition by J. A. Lowson and others for appointment of a new judicial factor on the estate of the deceased Andrew Lowson, and for the discharge of a deceased factor, answers were lodged for A. B. Lowson, who was one of the beneficiaries on the trust estate. After various procedure, including three reports by the Accountant of Court, who reported in favour of the petition, and after hearing counsel upon objections for A. B. Lowson, who maintained that the judicial factor had not fully accounted for the whole funds in his hands, the Lord Ordinary ( Pearson) on 1st March 1902 repelled the objections and discharged the deceased factor.

Page: 445↓

A. B. Lowson reclaimed.

On the case being called in the Single Bills the petitioners moved the Court to ordain the reclaimer to sist a mandatory, on the ground that he was resident in Russia and had no funds in this country, a balance being due by him to the factory estate, and that in objecting to the factor's accounts he was truly a pursuer.

Argued for the reclaimer—Doubtless, if he was a pursuer and had no funds in this country, the reclaimer would have to sist a mandatory; but he had been brought into Court and was maintaining that a sum, larger than the balance found due to the estate by him, had not been accounted for. He was entitled to have his objections to the factor's accounts considered and determined upon without sisting a mandatory— Graham v. Graham's Trustees, October 15, 1901, 39 S.L.R. 3.