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Scottish Court of Session Decisions >>
Gilchrist Petitioner [1752] Mor 4070 (6 February 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor1004070-027.html Cite as:
[1752] Mor 4070
Factor appointed by the Court of Session. - Act of Sederunt 1611.
Gilchrist Petitioner
Date: 6 February 1752 Case No. No 27.
A factor appointed by the Court, while a party was abroad, was found obliged to account to the party himself when he returned.
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Upon the death of Provost M'Tagart in Irvine in 1739, it being uncertain whether his son and heir, who had sometime before gone to the South-Sea Company's service at La Vera Cruz, and had not since been heard of, though several letters had been wrote to him, was dead or alive, the friends of the family applied for a factor; when William Gilchrist in Kilmarnock was appointed, with the usual powers, and accordingly uplifted the rents.
Application was now made by the said factor, setting furth, that letters had come from the son of M'Tagart, who was residing at La Vera Cruz, and who for hereafter would manage his own affairs, but craved to be discharged of his factory, and that an Ordinary should be appointed for auditing his accounts, and exonering him.
This The Lords refused to grant, as an improper application; now that the man himself had appeared, it was to him that the factor was to account, and when a proper discharge by him to the petitioner is produced, the Lords will then order up his bond of cautionry.
Fol. Dic. v. 3. p. 203. Kilkerran, (Factor.) No 10. p. 185.
