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The Sheriff Courts (Scotland) Act 1838 (1 and 2 Vict. cap. 119), section 12, provides with regard to summary removings “that the Sheriff shall in all such cases, where the defences cannot be instantly verified, ordain the defender to find caution for violent profits.”
The A.S. 10th July 1839, section 34, enacts—“In actions of removing, and in summary applications for ejection, the defender shall come prepared with a cautioner for violent profits at giving in his defences or answers, unless he instantly verify a defence excluding the action.”
Mrs Catherine A. Hugonin or Inglis, Alton House, Inverness, and Etienne Hugonin, solicitor there (Mr and Mrs Hugh Inglis' marriage-contract trustees), brought an action against Mrs Rebecca Brown or Macpherson, widow of the late Donald Macpherson, teacher, Inverness, in which they craved warrant to summarily eject the defender in virtue of sec. 5 of the Heritable Securities (Scotland) Act 1894, from a dwelling-house there occupied by her, known as Hanover House, Ness Bank, Inverness.
The facts are given in the note ( infra ) of the Sheriff ( Wilson ), who on 13th July 1909, adhering to the decision of his Substitute ( Grant ), ordained the defender to find caution for violent profits within seven days from the date of his interlocutor.
Note .—“The pursuers are the holders of a bond and disposition in security for £600, granted in 1901 in their favour by the late Donald Macpherson and the defender, his wife.
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