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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mitchell Innes and Others [1886] ScotLR 24_22 (30 October 1886)
URL: http://www.bailii.org/scot/cases/ScotCS/1886/24SLR0022.html
Cite as: [1886] SLR 24_22, [1886] ScotLR 24_22

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SCOTTISH_SLR_Court_of_Session

Page: 22

Court of Session Outer House.

Saturday, October 30 1886.

[ Lord Fraser, Ordinary.

24 SLR 22

Mitchell Innes and Others.

Subject_1Process
Subject_2Choosing Curators
Subject_3Caution
Subject_4Caution Restricted by Lord Ordinary. Headnote:

This was an action of choosing curators. The pursuers were the minor children of the late William Mitchell Innes.

Two curators were nominated by the pursuers and accepted office, and their nomination was sustained by the Court. Thereafter inventories were given up, and the curators ordained to find caution in due form of law.

The rental of the heritage belonging to one of the pursuers, the only son of the deceased, was £26, 196, 6s. 5d., and his moveable estate was of the value of £17, 865, 0s. 4d., the moveable estate of the others amounting to £3037, 5s. 2d.

The curators and the pursuers moved the Lord Ordinary to restrict the caution to £5000, or to such other sum as to the Lord Ordinary should seem proper.

The Lord Ordinary pronounced this interlocutor “Having heard counsel for the pursuers and curators, and considered the minute for them, restricts the caution to be found by the curators to the sum of £9500 sterling.”

Counsel:

Counsel for Pursuers— Macphail. Agents— Tods, Murray, & Jamieson, W. S.

1886


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URL: http://www.bailii.org/scot/cases/ScotCS/1886/24SLR0022.html