It is a summary cause summons of the pursuer against her dead husband's estate.
It concerns the non-payment of payments she made in respect of the joint loans to the Royal Bank of Scotland prior to April 2011 when the parties were divorced.
Under clause 1(b) of the Minute of Agreement dated March 2011 which formed the basis of the divorce, the parties agreed that each would be repaid his/her respective payments to the RBS loans. This was not honoured by the defender in respect of the pursuer who made all of the repayments.
Keith Meara died in October 2011 and his estate has, since then, disputed the pursuer's right to this repayment.
Moreover, the defender's agents have repeatedly kept secret the identity of the executor of the estate.
The amount is £5,813.
In February 2014, I lodged a summons for £5,000 and expenses for payment under the summary cause rules in Perth Sheriff court where the decree of divorce was granted. It was undefended.
On 2nd April 2014, we obtained a decree and expenses in the form of an extract for payment.
I took a chance and served it on Elizabeth T.Stobo.
Within two hours she instructed agents and they entered a recall motion in the same court.
In August the decree was recalled under a summary cause rule that allows each party one recall per action regardless of any supporting, convincing legal argument.
The case was continued until mid October. I have told you about the outcome and now it is continued until 15th January 2015.
These are the facts.
As an aside, it seems like Sheriffs' courts like to continue matters rather than resolving them.
This is the antithesis of English civil procedural execution.