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Scottish Court of Session Decisions >>
Fergusson v The Officers of State. [1749] Mor 4040 (20 July 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor1004040-023.html Cite as:
[1749] Mor 4040
Personal Charges. - Decrees of Constitution. - Discharge and Conveyance. - Costs in the House Lords.
Fergusson v. The Officers of State
Date: 20 July 1749 Case No. No 23.
Expenses of a decree of constitution never given.
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James Fergusson writer in Ayr, as assignee of William Cunninghame of Auchinskeith, having pursued and obtained a decree of constitution declaratorie against the Officers of State, of a debt due to the said William Cunninghame by the deceased John M'llvain a bastard, the Lords ‘refused to give the pursuer expenses,’ as in no case is the expense of a decree of constitution given.
And though, it was represented that others of the creditors had got their expenses decerned by the Ordinaries, where their claim either needed no proof, or where the proof had been led on a diligence; the Lords ‘refused, nevertheless, to give expense, leaving it to the pursuer to quarrel such decrees of the Ordinaries, if, in the event, the fund should not be sufficient for the debts.’
Fol. Dic. v. 3. p. 199. Kilkerran, (Expenses.) No 5. p. 181.
