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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbell, Petitioner [1867] ScotLR 5_100 (11 December 1867) URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0100.html Cite as: [1867] ScotLR 5_100, [1867] SLR 5_100 |
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Page: 100↓
Declinator by the Junior Lord Ordinary, on the ground that he was one of the petitioner's curators, and that the petition was presented with his concurrence, sustained, and remit made to the next Junior Lord Ordinary to deal with the petition.
This was a petition brought by a minor for authority to record an entail. It was entered before the Junior Lord Ordinary ( Mure). His Lordship, however, stood in the relation of curator to the petitioner under his father's trust-deed, and the petition was presented with his concurrence. He in consequence proponed a declinator. His Lordship having reported the matter to the Court, their Lordships, after consultation, sustained the declinator, and remitted to the Junior Lord Ordinary ( Barcaple) to deal with the petition. The following is the interlocutor of the Court:—
“ Edin., 11th Dec. 1867.—The Lords sustain the declinature of Lord Mure, Junior Lord Ordinary, to pronounce an order in this cause, by reason of his being a party named in the settlements of the estate, and remits the petition to the next Junior Lord Ordinary.
(Signed) “ George Patton, I.P.D.”
Counsel for Petitioner— Mr William Ivory.
Solicitors: Agents— Maclachlan, Ivory, & Rodger, W.S.
