An agent. The steward of an estate. A manager appointed by trustees. JUDICIAL FACTOR, a receiver appointed by the Court of Session.

Definition source

Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Factor

Case	Date	Legal Subject	Abstract
Baines v. Turnbull	1794	Debt, Bill of Exchange, Creditor, Bankruptcy, Interest, Factor	Baines, the suspender, argued against Turnbull that he was not liable for bills dishonoured through no fault of his own. Based on the single document cataloged for this case.
Beck v. M'Clone	1785	Factor, Agent	This case was about a contract dispute. The defenders, Samuel Macclone Jr. and Samuel Macclone Sr., lived on the farm of Ross. The pursuer, John Beck, alleged that Samuel Jr. had agreed to sell him the farm’s entire output of oats. The Macclones responded that Samuel Jr. had no authority to make the bargain on behalf of his father, who was the sole tenant, and that Beck had known this when he allegedly entered into the transaction.
Bernard Love v. George Foster	1832	Arrestment, Sequestration, Rent, Caution, Aliment, Factor	Bernard Love, as pursuer, lodged a reclaiming note against Lord Moncreiff's interlocutor in his action against George Foster, defender. Based on the single document cataloged for this case.
College of Glasgow v. Selkirk, Miller, and Stirling	1793	Feu duties, Debt, Tack, Teinds, Factor, Intromission	The College of Glasgow petitioned against Selkirk, Miller, and Stirling, challenging a June 1792 interlocutor that limited overpayment offsets to cautionary branches and arguing for proportional application across all revenue branches. Based on the single document cataloged for this case.
Forbes and Others v. Forrester & co	1794	Bankruptcy, Debt, Trustee, Creditor, Sequestration, Factor	Sir William Forbes and others, as pursuers, sought to establish Alexander Nairne as the proper trustee for the sequestrated estate of Peter Forrester and Company, while the creditors of that estate contended that Robert Forrester should be confirmed as trustee under the statute governing sequestrated estates. The parties presented competing memorials advancing their respective candidates for the office.
James Stewart v. Alexander Scot	1830	Cautioner, Factor, Creditor, Intromission, Aliment, Mandate	James Stewart, as pursuer, submitted a revised case against Alexander Scot, the defender. Based on the single document cataloged for this case.
Jamieson, et al v. Andrew, et al	1786	Bankruptcy, Debt, Sequestration, Creditor, Aliment, Factor	John Jamieson and other creditors of Gavin Kempt petitioned the Court to overturn the election of James Campbell as interim factor, alleging that James Kempt’s creditor claim—which supported his vote in that election—was fraudulent and self-serving. George Andrew, as factor for Henry Greig, James Kempt, and other creditors of Gavin Kempt, answered the petition, defending the validity of Kempt’s vote.
M'Farlane v. Buchanan	1778	Hereditas Jacens, Factor, Charter of Confirmation	Dougal Macfarlane, merchant in Dumfries, died in debt in 1730 shortly after purchasing Auchendennan Dennistoun. George Buchanan, Glasgow merchant, became factor for the estate in 1746, and in 1761 he secretly obtained a charter of confirmation and adjudication from the superior of Auchendennan. Sixteen years later, John Macfarlane, the nephew of Dougal, brought action against Buchanan before the Sheriff of Dunbarton, asking for exhibition of all bonds or other writs wherein his uncle had been bound to Buchanan. Buchanan countered that because forty-seven years had passed since Dougal Macfarlane had died, his nephew's right of insisting in a court-enforced delivery of documents was lost by barred claims. The Sheriff rejected Buchanan's defenses, and after Buchanan applied to the Court of Session, Lord Barskimming accepted the cause through a Bill of Advocation. In his argument to the Court, Macfarlane argued that because Buchanan had originally possessed the lands in question as a factor, he could not invert his possession without communicating this fact to their heir. In obtaining the charter of confirmation in secret, therefore, Buchanan had carried off Macfarlane's unclaimed estate. Buchanan, on the other hand, argued that Macfarlane must produce relevant grounds to challenge his right as heritor before gaining access to his charter-chest. Barskimming ordained Buchanan to produce the adjudication and factory in his possession, and the Court adhered to this interlocutor. Nevertheless, Buchanan's charter was never revoked; in 1784, he entailed his estate of Arden, formed from the lands of Auchendennan Dennistoun and Bannachra.
Maclauchlan and Campbell v. Campbell and Macnicol	1794	Aliment, Debt, Succession, Prescription, Intromission, Factor	Grace Campbell, co-heiress and creditor under her father's marriage-contract, and Maclauchlan pursued the representatives of the late Colin Campbell of Ballinaby for count and reckoning. The defenders petitioned to be assoilzied from the action, and Maclauchlan sought alteration of a recent interlocutor. The pursuers subsequently argued that a tutor who failed to make inventories was not entitled to plead decennial prescription.
Marion Kilpatrick v. John Macalpine	1792	Intromission, Trustee, Debt, Executor, Factor, Succession
Miss Margaret Littlejohn, and Others v. James Hamilton	1832	Sequestration, Creditor, Trustee, Debt, Factor, Trust	Miss Margaret Littlejohn and others pursued James Hamilton of Kames for sequestration of the rents of his estate and the appointment of a judicial factor. Hamilton answered, arguing that sequestration was unnecessary and incompetent in view of an existing trust arrangement. Heritable creditors subsequently petitioned for authority to let lands in Hamilton's personal possession or for sequestration of the whole estate, and Hamilton filed further answers responding to the application.
Naismith v. M'Morrow	1783	Sequestration, Factor	This case was about competing claims to rents on the estate of William Maxwell of Ardwell. In 1780, Maxwell’s tenants initiated a proceeding to prioritize various claims made by Maxwell’s creditors. As part of that proceeding, the Lord Ordinary sequestrated the disputed rents and appointed Thomas Naismith as factor. However, in 1781, two of Maxwell’s tenants initiated a second proceeding regarding their rents. In the second proceeding, Elizabeth M’Morrow obtained a preference based on an arrestment she had served on the tenants. Naismith challenged M’Morrow’s preference. However, M’Morrow responded that the earlier sequestration was improperly obtained and that, in any case, her arrestment predated the sequestration.
Representatives of Bryce Blair v. Walter Graham, and Others	1766	Factor, Stipend, Feu duties	Bryce Blair served as factor of the sequestered estates of Crieve and Mossknowe from 1742 until his death in 1762. During that time, he failed to make regular court filings detailing the estate’s accounts. After Blair’s death, the estates were sold in a judicial sale, which raised enough proceeds to provide the heirs of Crieve with a reversion after the relevant debts were paid. This led to a dispute over the amount of the reversion. In particular, the heirs of Crieve disputed certain charges for a minister’s stipend, on the ground that the payments ought to have been made by tenants on the estate. The heirs also contested charges for feu duties to the Marquis of Annandale, contending that there was no proof of payment.
Rose v. Lord Cullen's Interlocutor	1801	Debt, Bargain, Aliment, Tack, Contract, Factor	The Right Hon. James Earl of Fife answered the petition of William Rose, late his factor, responding to allegations of breach of trust and confidential disclosure. Based on the single document cataloged for this case.
Sir Alexander Mackenzie of Gairloch v. Hector Mackenzie and His Tutor	1768	Debt, Factor, Assignation, Executor, Reduction, Disposition
William Cuningham and Company v. Gilbert Lang	1775	Factor, Intromission	Defender Gilbert Lang formed a partnership with John Wright Jr. for the purpose of manufacturing and selling snuff tobacco. The firm failed, and to accomplish payment of its debts, Lang assigned the partnership’s assets to Cuningham and Company, its principal creditor; Cuningham, in return, granted Lang a factory to dispose of the goods and collect any debts due to the partnership. A dispute arose over Lang’s management of the assets, and Cuningham and Company filed suit.