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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Gill v. Bell and Others [1876] ScotLR 13_278_1 (5 February 1876) URL: http://www.bailii.org/scot/cases/ScotCS/1876/13SLR0278_1.html Cite as: [1876] ScotLR 13_278_1, [1876] SLR 13_278_1 |
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Page: 278↓
[
Circumstances in which the Court admitted to the benefit of the poor's roll a pursuer who was earning £1 a-week, and who had only one child residing in family with him, who was earning 6s. a-week.
Page: 279↓
This was an action at the instance of Mrs M'Gill, with consent of her husband, against Mrs Bell, widow of John Bell, writer in Dundee, and others, trustees under Mr Bell's settlement, for reduction of a disposition by Mrs M'Gill and others in 1854 of certain house property to which Mrs M'Gill had an eventual right of fee, on the ground that the consideration for which the disposition had been granted was inadequate, that the transaction had been carried through when she was in a state of mental weakness and in ignorance of her true rights, and that the signature of her name appearing upon the deed was a forgery.
When the action was in the Procedure Roll before the Lord Ordinary the pursuers applied for admission to the benefit of the poor's roll, and the usual remit was made to the minister and kirk-session, who reported that Mrs M'Gill was fifty-two years of age and her husband fifty, that they had no property, and were entirely dependent upon the earnings of M'Gill, who was an engineer, making on the average £1 a-week, that they had two daughters, one of whom was married, and the other, who was thirteen years old, lived in family with her father and mother, and earned 6s. a-week as a mill-worker.
Upon this report the pursuers moved the Court to remit the cause to the reporters in probabilis causa litigandi, and the motion was opposed upon the ground that the poverty of the pursuers was not such as to entitle them to sue in forma pauperis. The Court, before answer upon this question, remitted to the reporters, who decided that there was a probabilis causa. The pursuers then asked for admission to the poor's roll, and this motion was opposed upon the same ground as the former motion.
The defender argued—There was no precedent for admitting to the benefit of the poor's roll parties in such good circumstances as the pursuers.
The pursuers were not called on.
At advising—
We have here a distinct allegation that this deed was forged, and that the value of the property in question is £2000. We sent the case to the reporters on probabilis causa, and they have reported that the pursuer has a probabilis causa. Without laying down any general rule, and expressly upon the ground of the gravity of the averments, I am for admitting this pursuer to the benefit of the poor's roll.
The Court admitted the pursuers to the benefit of the poor's roll.
Counsel for Pursuers— Low. Agent— David Roberts, S.S.C.
Counsel for Defenders— Pearson. Agents— Webster & Will, S.S.C.
