Wilson'S Trustees v. Landale [1900] ScotLR 37_791 (19 June 1900)

Wilson'S Trustees v. Landale [1900] ScotLR 37_791 (19 June 1900)

Once the Court has pronounced a final decree of ranking and preference disposing of the whole fund in medio, neither the Lord Ordinary nor the Inner House can admit new claims from parties who were cited but did not appear, or who acquiesced in previous judgments repelling their claims. The process is concluded, and the remit to the Lord Ordinary is only to give effect to the judgment, not to reopen the competition.

Citation
[1900] ScotLR 37_791
Parties
Pursuers and Real Raisers: Wilson's Trustees; Claimants: David G. Landale and Others; Claimant: Bank of Scotland; Claimant: J. S. Wilson
Jurisdiction
Scotland
Judgment Date
19 June 1900
Procedural Posture
Multiplepoinding / Reclaiming Motion After Refusal to Receive Late Claims Post Final Decree of Ranking and Preference
Outcome
Refused; Court adhered to Lord Ordinary's refusal to receive new claims.
Legal Topics
Multiplepoinding, Ranking and Preference, Competency of Late Claims, Finality of Decree
Civil Procedure Trusts and Estates Multiplepoinding Ranking and Preference Competency of Late Claims Finality of Decree

Case Brief

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Parties

Wilson's Trustees

Pursuers and Real Raisers

David G. Landale and Others

Claimants

Bank of Scotland

Claimant

J. S. Wilson

Claimant

Procedural Posture

Multiplepoinding / Reclaiming Motion After Refusal to Receive Late Claims Post Final Decree of Ranking and Preference

Legal Issues

  1. 1 Whether parties called as defenders but not appearing, or parties whose claims were previously repelled and acquiesced, can lodge new claims after a final decree of ranking and preference has been pronounced in a multiplepoinding action.

Ratio Decidendi

Once the Court has pronounced a final decree of ranking and preference disposing of the whole fund in medio, neither the Lord Ordinary nor the Inner House can admit new claims from parties who were cited but did not appear, or who acquiesced in previous judgments repelling their claims. The process is concluded, and the remit to the Lord Ordinary is only to give effect to the judgment, not to reopen the competition.

Court Disposition

Refused; Court adhered to Lord Ordinary's refusal to receive new claims.

Orders

  • Motion to receive new claims refused.
  • Lord Ordinary's judgment adhered to.