Lowson v. Lowson [1902] ScotLR 39_444 (15 March 1902)

Lowson v. Lowson [1902] ScotLR 39_444 (15 March 1902)

The Court held that the reclaimer, being in the position of a pursuer and resident abroad with no funds in Scotland, should be required to sist a mandatory.

Citation
[1902] ScotLR 39_444
Parties
Petitioners and Respondents: J. A. Lowson and others; Respondent and Reclaimer: A. B. Lowson
Jurisdiction
Scotland
Judgment Date
15 March 1902
Procedural Posture
Petition for Discharge of Judicial Factor and Appointment of New Judicial Factor / Reclaiming Motion Against Interlocutor Granting Discharge
Outcome
reclaimer ordained to sist a mandatory
Legal Topics
Discharge of Judicial Factor, Appointment of Mandatory, Objections to Accounts
Trusts and Estates Civil Procedure Discharge of Judicial Factor Appointment of Mandatory Objections to Accounts

Case Brief

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Parties

J. A. Lowson and others

Petitioners and Respondents

A. B. Lowson

Respondent and Reclaimer

Procedural Posture

Petition for Discharge of Judicial Factor and Appointment of New Judicial Factor / Reclaiming Motion Against Interlocutor Granting Discharge

Legal Issues

  1. 1 Whether a reclaimer objecting to discharge of judicial factor must sist a mandatory when resident abroad and has no funds in the country

Ratio Decidendi

The Court held that the reclaimer, being in the position of a pursuer and resident abroad with no funds in Scotland, should be required to sist a mandatory.

Court Disposition

reclaimer ordained to sist a mandatory

Orders

  • reclaimer to sist a mandatory by the third sederunt-day in the next ensuing session