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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Livingstone [1835] CA 13_1033 (3 July 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS1033.html Cite as: [1835] CA 13_1033 |
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Page: 1033↓
Subject_Factor loco Tutoris—Process.—
1. A factor loco tutoris empowered to make up his pupil's titles to heritage in which the pupil's father had been infeft pro indiviso along with other parties; and also to execute such dispositions as were requisite to carry into effect a decree of division of the property which bad been obtained by the pupil's father, and the other parties interested, just before the father's death. 2. Petition granted without intimation.
John Livingstone, W.S., factor loco tutoris to John Singleton Copley Hill, presented a petition stating that the pupil's late father, along with several other parties, were disponees under the settlement of the deceased John Fyffe, baron of the empire of Austria, and had jointly led an adjudication in implement of the settlement against certain Scottish heritage which had belonged to Baron Fyffe—that they had obtained a charter and infeftment—that a process of division of the heritage among the several disponees was then instituted, a division into lots was ordained, and the parties were decerned to execute dispositions in favour of each other respectively—that the pupil's father died soon after, and without the division being carried into effect—that the other parties to the process of division were ready to implement what was incumbent on them in terms of the decree of division, and they insisted that titles should be made up in the pupil's person to enable him to implement his, and that this was a matter of urgency, as the extrication of all the rights under the settlement were involved in it, and expensive legal measures would be adopted against the pupil unless his titles were made up by the petitioner, and the petitioner's concurrence given in carrying into effect the decree of division. The petitioner therefore craved authority to serve the pupil heir to his father, and infeft him in the Scottish heritage in which his father had been infeft, and “to grant and receive, in name and for behoof of the pupil, all such dispositions or other conveyances, as may be necessary to give full implement to the decree, in the process of division above mentioned, and enable the petitioner to complete the pupil's titles in the share thereof assigned to him in said division, so soon
At advising the petition it was stated to be the practice of the Court, * if they saw cause, to grant such a petition as this without ordering any intimation.
In respect of this statement as to the practice,
The Court, who considered the petition well founded, granted the prayer of it without ordering intimation.
Solicitors: A. P. Henderson.—Agent.
_________________ Footnote _________________
* The statement was made on the authority of Mr Parker, assistant clerk of Session.
