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In a competition for the office of trustee on the sequestrated estate of John Love, merchant in Glasgow, the competitors, M'Laren and Railton, respectively presented petitions for confirmation. Maclaren objected to the confirmation of Railton on various grounds, which, he contended, were sufficient to disqualify him, it he otherwise had a majority of votes. A record was made up and closed, and the Lord Ordinary made avisandum to the Court. His Lordship at the same time issued the following note, which gives an outline of the different objections stated:
Note .—‘This is a competition by two petitioners for the trusteeship on the sequestrated estate of John Love.
Nine creditors voted at the election, of whom seven voted for the petitioner, Edward Railton, and two for the other, Neil M'Laren. These two were M'Laren himself and a brother of the bankrupt.
Votes on both sides are objected to; but there has been no scrutiny, because the parties wish certain personal objections that have been taken to Railton to be disposed of first, as his rejection on this ground might of itself lead to the confirmation of his competitor.
If it were necessary to have every circumstance regularly established, the case would be very little advanced in without a tedious proof. But in these competitions this is not necessary; and I have thought that there is enough already in process on the record to warrant my reporting the case as it stands. The material objections are these:
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