Scottish Court of Session Decisions

Subject_1 EXPENSES.
Subject_2 SECT. II.

Expenses of Exoneration; - of Multiplepoinding.

Smith of Giblistoun
v.
Creditors of Innergelly

1687. February.
Case No. No 10.

A factor, appointed by the Court of Session, is entitled to his expenses of process of fitting accounts, and obtaining decree of exoneration.

Click here to view a pdf copy of this documet : PDF Copy

In an action of count and reckoning, at the instance of Robert Smith of Giblistoun, factor appointed for uplifting of the rents of the estate of Innergelly, against the Creditors of Innergelly, the Lords sustained that article of the factor's discharge of the victual sold to —— Steedman, notwithstanding of the objection that he was now bankrupt, in respect that the time that the victual was sold Steedman was holden and repute to be a responsal man, and likeways allowed the L. 40 of incident charges, the factor deponing upon the same: As also sustained the articles of the reparation of the houses, the factor likeways deponing upon the same; and sustained and allowed him his expenses of plea in fitting of his accounts, and obtaining his decreet of exoneration, at the modification of the Lord Reporter.

Fol. Dic. v. 1. p. 287. Sir P. Home, MS. v. 2. No 896.