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Scottish Court of Session Decisions >>
William Stuart Brother-german to Charles Stuart of Polcalk, Supplicant. [1708] Mor 7455 (13 July 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor1807455-178.html Cite as:
[1708] Mor 7455
William Stuart Brother-german to Charles Stuart of Polcalk, Supplicant
Date: 13 July 1708 Case No. No 178.
A commission to manage the affairs of an heritor who had gone abroad, without leaving a factory, refused to be granted to one who offered caution to accompt for his intromissions to the absent heritor and all others concerned.
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William Stuart having represented to the Lords by petition, that his brother Charles was at Barcelona, without having named a factor to manage his estate in Scotland, whereby his rents might perish in tenants hands, his debtors prove insolvent, and his creditors use diligence against his estate for want of one authorized to take course with them; and therefore craved their Lordships would grant warrant and commission to the petitioner for managing his brother's affairs in his absence, upon finding caution to compt for his intromissions to the said Charles Stuart, and all others concerned. The Lords refused the desire of the bill.
