M'Cubbin's Executors v. Tait

Mr Ebenezer Stott Black, writer in Wigtown, was appointed curator bonis to John M'Cubbin, sometime draper in Newton-Stewart, on 13th March 1866. Mr M'Cubbin was then possessed of about £3000, which was deposited in bank on deposit-receipts. The defender, who was his housekeeper, was found by the curator bonis to be in possession of two deposit-receipts, dated 27th October 1865 and 7th December 1865 respectively, one for a sum of £295, and the other for a sum of £200. These receipts were in the following terms:—

Received from Mr John M'Cubbin and Margaret Tait, both Newton-Stewart, two hundred and ninety-five pounds sterling, to their credit in deposit-receipt with the National Bank of Scotland, payable to either or survivor of them.

Received from Mr John M'Cubbin, for behoof of Margaret Tait, his housekeeper, N.-Stewart, two hundred pounds sterling, which is placed to his credit with the Clydesdale Banking Company.

“Mr M'Cubbin did not give to the defender the deposit-receipts in question, or either of them, but, having access as aforesaid to his writings and documents, she has wrongfully taken possession thereof, and now refuses to give them up. Mr M'Cubbin did not, by taking the said deposit-receipts in the terms in which they bear to have been granted, place beyond his own control the money therein contained, or any part thereof. He did not thereby give to the defender any vested interest in the said deposit-receipts, or in the money therein contained.

Mr M'Cubbin died on 5th September 1866, and thereupon the executors named in his will sisted themselves as pursuers of this action.