Macallans and others v W Burrell Homes Ltd and others

Action of multiplepoinding – Competency of claims on fund in medio. Sheriff Court: In an action of multiplepoinding in which a firm of solicitors who acted for a company in the sale of heritable property, the net free proceeds of which constituted the fund in medio, sought judicial authority for consignation of the fund in the hands of the sheriff clerk at Glasgow in the absence of joint and unequivocal instruction from the company's directors (the second and third defenders) regarding disbursement of the sale proceeds due to it, the court held that the second and third defenders' claims on the fund in medio were incompetent and should be repelled because, principally, they did not constitute direct claims on the fund in medio and they did not qualify as riding claims in the context of a multiplepoinding.

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