HAZEL FRASER AGAINST IAN JAMES FRASER

Hazel Fraser, residing at Two Acres, Burnside Wood, Turriff, AB54 5PP (Assisted Person)

Ian James Fraser, residing at The Shieling, Old School Road, New Byth, Turriff, AB53 5PD

The sheriff, having resumed consideration of the cause, sustains the defender’s preliminary plea in law number 1, repels the pursuer’s pleas in law and dismisses the action; Reserves the question of expenses and appoints parties to be heard thereon within the Sheriff Court, Low Street, Banff on 20 November 2014 at 10:00am

1.1 This is an action between parties who are, or were, husband and wife. The wife pursuer seeks, firstly, a declarator that she is entitled to insist in an action of sale of part of certain property of which the parties are pro indiviso proprietors and division of the proceeds, including, specifically, payment of a sum of £4,000 by the defender to the pursuer; and, secondly, declarator that she is entitled to insist in an action of division of another part of the same property.

1.3 Implementation of the minute of agreement has proved to be problematic because of various difficulties between the parties which are rehearsed in the pleadings but which do not need to be repeated in any detail here.