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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Teulon v. Seaton and Others [1885] ScotLR 22_786 (30 June 1885)
URL: http://www.bailii.org/scot/cases/ScotCS/1885/22SLR0786.html
Cite as: [1885] ScotLR 22_786, [1885] SLR 22_786

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SCOTTISH_SLR_Court_of_Session

Page: 786

Court of Session Inner House First Division.

Tuesday, June 30. 1885.

[ Lord Fraser, Ordinary.

22 SLR 786

Teulon

v.

Seaton and Others.

Subject_1Process
Subject_2Caution
Subject_3Effect of Failure to Find, Caution
Subject_4Title to Sue.
Facts:

A married woman, who was one of the beneficiaries under a trust-deed, raised an action against an intromitter with the trust-funds, and also against the trustees acting under the deed of settlement, seeking to have the intromitter decerned to exhibit a full account of his intromissions with the trust-estate, and to pay to her or to the trustees such sum as should be ascertained to be the balance of his intromissions. The Court, in respect of the pursuer's husband not being a consenter to the action, and that the trustees did not propose to prosecute the claim, appointed the pursuer to find caution, and on her failure to do so, assoilzied the defenders from the conclusions of the action.

Counsel:

Counsel for Pursuer— Guthrie— W. Campbell. Agents— J. & J. Galletly, S.S.C.

Counsel for Defender (Seaton)— Graham Murray— Maconochie. Agents— Maconochie & Hare, W.S.

Counsel for Defenders (Mrs Seaton's Trustees)— Goudy. Agents— Adam & Sang, S.S.C.

1885


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URL: http://www.bailii.org/scot/cases/ScotCS/1885/22SLR0786.html