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The following interlocutor was pronounced (3d December 1839) by the Lord Ordinary, with the annexed note:
This estate has been in the hands of the defenders ever since the year 1811; and the legatees, whose past-due dividends are now sought to be recovered, have (with one small exception) as yet received nothing out of funds long ago realised. In Chancery it seemed to be admitted, that nothing whatever has been done (except the appointment of a receiver for the land rents) since 1832, or earlier. It cannot be thought, therefore, that the present movement by a party who is not a party, and has no persona standi in that Court, indicates any great precipitancy or impatience.’
The defenders reclaimed . They stated that no such mandate as that referred to by the Lord Ordinary had been produced.
The Court accordingly adhered , and remitted to the Lord Ordinary to proceed farther in the cause, reserving all questions of expenses.
Lord Ordinary, Jeffrey. Act. M'Neill, Penney. Alt. Dean of Fac. (Hope,) Marshall. Matthew N. Macdonald, W. S. and Tod & Romanes, W. S. Agents. F. Clerk.
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