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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bain v. Brown [1866] ScotLR 1_110_1 (17 January 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0110_1.html Cite as: [1866] SLR 1_110_1, [1866] ScotLR 1_110_1 |
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Page: 110↓
Where the estates of a party found liable in expenses have been sequestrated, the Court will not qualify their decree by finding in it that the other party is entitled only to a ranking on his estate for the amount.
In this case the jury returned a verdict for the defender. The pursuer moved for a new trial, but his estates were afterwards sequestrated, and the trustee declined to sist himself as a party. The Court to-day therefore applied the verdict, and found the defender entitled to expenses. It was proposed for the pursuer that the Court should qualify the decree for expenses, to the effect of finding that it would only entitle the defender to a ranking on his sequestrated estate. It was said that if this precaution was not taken the defender might keep his decree until after the pursuer was discharged, and then charge him to pay the full amount. reference was made to the case of Jackson & Co. v. Keil and Others, 22d November 1862 ( 1 Macph. 48), where Lord Kinloch had in a note expressed a doubt as to whether such a motion as the present should not be urged before the decree was pronounced.
The Court, in respect the only authority for inserting the qualifications asked seemed to be a doubt by a Lord Ordinary, refused to do so, leaving the question of the defender's right to a ranking or to full payment for after-discussion if it should ever arise.
Counsel for Pursuer— Mr Scott. Agent— Mr Michael Lawson, S.S.C.
Counsel for Defender— Mr Cattanach. Agents— Messrs Paterson & Romanes, W.S.
