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Subject_ Process—Summons.— Terms of the conclusion of a summons which held to reach only such rents as a defender had actually intromitted with by himself or his mandatary, and no others.
Mrs Newall, the widow, contended that she was entitled to total absolvitor, as she had had no intromissions with the rents, and was not liable for occupying part of the subjects by residing with her husband during his lifetime, and at his death the right of the creditors fell.
The Lord Ordinary “of consent, allowed the pursuer to uplift the sums consigned; found that the defenders, Adam and David Rae Newall, are bound to account for the rents of the subjects let, with which they or their agents actually intromitted; and appointed the case to be enrolled, that the amount of the foresaid sums may be ascertained; quoad ultra, assoilzed the defenders from the conclusions of the libel, and found no expenses due.”
The Court , in respect of the special terms of the summons, adhered, and were understood to consider the actual intromissions of the defenders to include the rents which they uplifted by their mandatary Morin.
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