Ness v. Mills' Trustees [1923] ScotLR 459 (19 May 1923)

Ness v. Mills' Trustees [1923] ScotLR 459 (19 May 1923)

The Court held that the executrix should be sisted as pursuer and the interlocutor assoilzieing the defenders repeated, as the original judgment was pronounced in ignorance of the pursuer's death.

Citation
[1923] ScotLR 459
Parties
Minuter/executrix/pursuer: Mrs Stewartina Mary Ness or Scott; Defenders: Mills' Trustees
Jurisdiction
Scotland
Judgment Date
19 May 1923
Procedural Posture
Action of Declarator and Payment / Application to Sist Executrix and Repetition of Judgment
Outcome
defenders assoilzied; executrix sisted as pursuer
Legal Topics
Repetition of Judgment, Ignorance of Pursuer's Death, Sist of Executrix
Civil Procedure Succession Law Repetition of Judgment Ignorance of Pursuer's Death Sist of Executrix

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

Mrs Stewartina Mary Ness or Scott

Minuter/executrix/pursuer

Mills' Trustees

Defenders

Procedural Posture

Action of Declarator and Payment / Application to Sist Executrix and Repetition of Judgment

Legal Issues

  1. 1 Whether the interlocutor assoilzieing the defenders should be repeated after the pursuer's death was discovered
  2. 2 Whether the pursuer's executrix should be sisted as pursuer

Ratio Decidendi

The Court held that the executrix should be sisted as pursuer and the interlocutor assoilzieing the defenders repeated, as the original judgment was pronounced in ignorance of the pursuer's death.

Court Disposition

defenders assoilzied; executrix sisted as pursuer

Orders

  • minuter sisted as pursuer
  • defenders assoilzied from conclusions of the summons