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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Grierson of Lag v Carruthers of Holemains. [1683] Mor 16304 (00 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3716304-206.html

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[1683] Mor 16304      

Subject_1 TUTOR - CURATOR - PUPIL.

Grierson of Lag
v.
Carruthers of Holemains

1683. March.
Case No. No. 206.

Click here to view a pdf copy of this documet : PDF Copy

A minor having, after his majority, intented a reduction and declarator, that an apprising acquired by the curator was satisfied by intromission with the pursuer's estate;

Answered for a third party, who had got an assignation to the apprising during the curatory; that the apprising was in the person of the curator before he was curator, and so not being acquired nummis pupilli, he might dispone to singular successors for onerous causes.

Replied: The comprising was compensable, in so far as the curator had intromitted with the minor's money before assignation and intimation to the defenders, infeftment not having followed on the comprising.

The Lords, before answer, ordained account and reckoning.

Harcarse, No. 975. p. 276.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3716304-206.html