BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Henderson v Knockhill. [1628] Mor 8969 (1 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor218969-085.html Cite as:
[1628] Mor 8969
Click here to view a pdf copy of this documet : PDF Copy
A pupil being pursued for reduction and improbation of his rights, and having no tutor, gives in a supplication to the Lords to continue the process for a certain space, till his friends may judicate and authorise him with a tutor or curator ad lites; which the Lords granted to a certain day with certification if his friends did not authorise him then, the Lords would grant proof to his party without longer delay.
Auchinleck, MS. p. 133.*** Durie reports this case:
In the improbation of Mr James Henderson, whereof mention is made June 28. 1628, No 84. p. 2221, voce Citation, the defender, who was a pupil, being convened, and his father as administrator convened with him, and the father dying since the intenting of the cause, whereby the pupil was destitute of one to defend him, and he compearing by his procurators, and desiring that the process might be delayed to a fit and competent day as the Lords should assign, betwixt and which he might choose tutors and curators, ad hanc litem, to consider of his rights, and to defend him in this pursuit; which desire the Lords found reasonable, and therefore superceded all proceeding in this process until the first of November, that betwixt and that day the pupil might provide himself of tutors and curators, to maintain and assist him in the defence of this process; and that at that day, they would proceed and do justice in the process against him without delay, whether he were authorised with tutors or curators or not.
