Ferguson's Curator Bonis [1905] ScotLR 42_689 (04 July 1905)

Ferguson's Curator Bonis [1905] ScotLR 42_689 (04 July 1905)

Where a decree for delivery of a document is not obtempered and imprisonment is unlikely to secure compliance, the Court may grant warrant to messengers-at-arms to search for and recover the document, including opening lockfast places if necessary.

Citation
[1905] ScotLR 42_689
Parties
Curator Bonis (petitioner): Charles Simon Romanes; Ward (incapax): John Scotland Ferguson; Respondent (wife of Ward): Mrs Marion Jack or Ferguson
Jurisdiction
Scotland
Judgment Date
04 July 1905
Procedural Posture
Curator Bonis Application / Post Decree Enforcement
Outcome
Warrant granted to messengers-at-arms to search for, recover, and deliver the policy of assurance to the curator bonis.
Legal Topics
Refusal to Obtemper Decree, Warrant to Messengers at Arms, Curator Bonis, Nobile Officium
Administration of Justice Judicial Factor Refusal to Obtemper Decree Warrant to Messengers at Arms Curator Bonis Nobile Officium

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Parties

Charles Simon Romanes

Curator Bonis (petitioner)

John Scotland Ferguson

Ward (incapax)

Mrs Marion Jack or Ferguson

Respondent (wife of Ward)

Procedural Posture

Curator Bonis Application / Post Decree Enforcement

Legal Issues

  1. 1 Whether the Court can grant warrant to messengers-at-arms to search for and recover a document withheld from a curator bonis despite decree and charge
  2. 2 Whether imprisonment alone is sufficient to compel delivery of the document

Ratio Decidendi

Where a decree for delivery of a document is not obtempered and imprisonment is unlikely to secure compliance, the Court may grant warrant to messengers-at-arms to search for and recover the document, including opening lockfast places if necessary.

Court Disposition

Warrant granted to messengers-at-arms to search for, recover, and deliver the policy of assurance to the curator bonis.

Orders

  • Grant warrant to messengers-at-arms to search for, recover, and take possession of the policy of assurance for £300, and if necessary to open all shut and lockfast places, and deliver the policy to Charles Simon Romanes as curator bonis.