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Scottish Court of Session Decisions >>
The Sisters of Scot of Broadmeadows, Petitioners. [1694] 4 Brn 122 (16 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040122-0283.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Sisters of Scot of Broadmeadows, Petitioners
Date: 16 January 1694
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The sisters and apparent heirs of Scot of Broadmeadows gave in a petition, craving a factor might be named, to intromit with the father's and brother's moveables, and sell them; and to set the land and lift the rents, until they get fuller information of his death in Jamaica. Some were against it, seeing they might meddle upon their hazard; and whereas it was pretended the tenants would not pay them, not having a right, how many apparent heirs in Scotland intromit, and continue their predecessor's possession? Yet the Lords, considering that nobody had prejudice by it, they allowed a factor to set the lands, and uplift the rents, (he finding sufficient caution,) but noways to intromit with or dispose upon moveables; because, even a factor could not do that without making inventory; and remembered they had allowed such factories in the case of the Lord Kingston, before he came home, and in the lands of Dirup, &c.
