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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Steven v Boyd. [1667] Mor 3503 (9 July 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor0903503-040.html
Cite as: [1667] Mor 3503

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[1667] Mor 3503      

Subject_1 DILIGENCE.
Subject_2 SECT. VI.

Diligence prestable by Tutors and Curators.

Steven
v.
Boyd

Date: 9 July 1667
Case No. No 40.

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

If the pupil's debtors be unquestionably solvendo, the tutor can have no occasion to do diligence, but if a debtor or his cautioner be vergens ad inopiam, the tutor is bound to do all diligence for uplifting the sums, unless the debtor become entirely bankrupt suddenly, which the tutor could not foresee, in which case he is not liable.

A tutor is bound to do diligence according to the circumstances of the debtor; if there is land, he must apprise; if goods, poind; if sums, arrest; and, in subsidium, to use personal execution.

Fol. Dic. v. 1. p. 241. 242. Stair.

*** See this case, No 35, p. 500.

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/1667/Mor0903503-040.html