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Scottish Court of Session Decisions >>
Robert Bruce v Bruce of Earlshall's Factor. [1700] 4 Brn 496 (31 July 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040496-0947.html Cite as:
[1700] 4 Brn 496
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Robert Bruce v. Bruce of Earlshall's Factor
Date: 31 July 1700
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Mr Robert Bruce, brother to Earlshall, gave in a petition, representing, That his brother having become unfit for business, and himself having been several years abroad, as chaplain to one of the King's men of war, the affairs of that estate had come to be neglected, and run in confusion; therefore craved to remove the present factor, and offered sufficient caution to the creditors if he were authorized to be factor.
The Lords did not think it safe, for the interest of the creditors, to put the apparent heir's brother in possession of a burdened estate, though, by mismanagement, the debt had considerably grown; and therefore refused the desire of his bill:
But the Earl of Southesk, (who is a considerable creditor,) and his tutors, craving one M'Lauchlan to be made factor, and who offered to live in the house, which would be very beneficial to all the creditors, seeing he would prevent any farther cutting of the planting, which the laird had hitherto done: And it being answered, That M'Lauchlan was Southesk's chamberlain; and the placing of him were to put my Lord in possession, to the prejudice of all the rest of the creditors; and to give him the house to dwell in, was to dispossess the laird summarily without a warning, who expected a considerable reversion of his estate, after payment of the creditors:
The Lords refused to change the present factor, or to dispossess the heir from the mansion-house, now in the end of a session; but ordained John Graham, who is still the factor, to see that 110 more of the policy or planting be spoiled; but prejudice to them to apply to the Sheriff of Fife for the bygone damages.
