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Scottish Court of Session Decisions >>
Alexander-James Grant, and his Tutor, v The Creditors of Skelbo. [1782] Mor 12175 (15 November 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor2912175-317.html Cite as:
[1782] Mor 12175
Alexander-James Grant, and his Tutor, v. The Creditors of Skelbo
Date: 15 November 1782 Case No. No 317.
The reclaiming days do not run against a pupil whose tutor is dead.
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In the ranking of the Creditors of Skelbo, Alexander-James Urant, then an infant, and his tutor, presented a claim, which was rejected by the Lord Ordinary; and, before the days appointed for representing had elapsed, the tutor died.
More than two years afterwards, Mr Grant and a new tutor having for the first time offered a representation, the Lord Ordinary found, “That he was barred from insisting in his present claim, by a final interlocutor.”
Upon advising a reclaiming petition for Mr Grant, with answers for the Creditors,
The Lords found, “That there was no res Judicata; and remitted to the Lord Ordinary to proceed accordingly.”
Lord Ordinary, Kames.For Mr Grant, James Grant.For the Creditors, Geo. Forguson.Clerk, Hume.
Fac. Col. No 65. p. 103.
