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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Napier v Sir William Nicolson. [1684] Mor 2186 (00 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor0502186-019.html
Cite as: [1684] Mor 2186

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[1684] Mor 2186      

Subject_1 CITATION.
Subject_2 SECT. III.

Citation in actione directa Tutelæ.

Lord Napier
v.
Sir William Nicolson

1684. March.
Case No. No 19.

Found that a minor ought call his whole tutors or curators, either at the beginning or cum processu.


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Found that a minor ought to call his whole tutors or curators, either at the beginning or cum processu, to the effect the defences of every one may be communicated to the benefit of all; though every one may be decerned in solidum, as was formerly found in the Lord Pitmedden's case; albeit the contrary was lately decided in Lockhart's case against Mr John Ellies, No 13. p. 2183. where the tutor called was only allowed to intimate to the rest of the tutors who were not called. This was adhered to as to the Representatives of dead tutors; December 2. 1684.: and the like was decided January 1685, Dalgerno contra Henderson. See Tutor and Pupil.

Fol. Dic. v. 1. p. 133. Harcarse, (Tutors and Curators.) No 981. p. 277.

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/1684/Mor0502186-019.html