Borland v. Anderson's Judicial Factor [1901] ScotLR 39_109 (16 November 1901)

Borland v. Anderson's Judicial Factor [1901] ScotLR 39_109 (16 November 1901)

The Court found that no additional expense was caused by the defence and therefore no expenses were due from the estate.

Citation
[1901] ScotLR 39_109
Parties
Pursuer: Borland; Defender: Anderson's Judicial Factor
Jurisdiction
Scotland
Judgment Date
16 November 1901
Procedural Posture
Proving the Tenor / Post Proof, Judgment
Outcome
Decree granted in terms of the conclusions of the summons; no expenses due.
Legal Topics
Expenses, Proving the Tenor, Judicial Factor Liability
Civil Procedure Succession Law Expenses Proving the Tenor Judicial Factor Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Borland

Pursuer

Anderson's Judicial Factor

Defender

Procedural Posture

Proving the Tenor / Post Proof, Judgment

Legal Issues

  1. 1 Whether the estate of Mrs A should bear the expenses of the action for proving the tenor of an IOU allegedly removed by Mrs A
  2. 2 Whether the judicial factor defending the action should be liable for expenses

Ratio Decidendi

The Court found that no additional expense was caused by the defence and therefore no expenses were due from the estate.

Court Disposition

Decree granted in terms of the conclusions of the summons; no expenses due.

Orders

  • Decree granted for proving the tenor of the IOU
  • No expenses awarded