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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Irvine v Spence. [1696] Mor 3509 (16 January 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor0903509-045.html
Cite as: [1696] Mor 3509

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[1696] Mor 3509      

Subject_1 DILIGENCE.
Subject_2 SECT. VI.

Diligence prestable by Tutors and Curators.

Irvine
v.
Spence

Date: 16 January 1696
Case No. No 45.

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A tutor's cautioners being pursued for the tutor's intromissions in not doing diligence against some of the pupil's debtors; and an answer being made that that he was stopped by the surcease of justice in November 1688, and died shortly thereafter; besides, that many of the debtors were insolvent, so that it was casting away money to pursue them;—the Lords thought it too strict to require diligence of the tutor, in this circumstantiate case, and therefore allowed the cautioners to prove, that the debtors were then habite and repute insolvent.

Fol. Dic. v. 1. p. 241. Fountainhall.

*** See this case, No 37. p. 501.

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/1696/Mor0903509-045.html