Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1637/Brn010371-0993.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Cardrosse v Lord Neparr. [1637] 1 Brn 371 (9 June 1637) URL: http://www.bailii.org/scot/cases/ScotCS/1637/Brn010371-0993.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lady Cardrosse
v.
Lord Neparr
9 June 1637 Click here to view a pdf copy of this documet : PDF Copy
The Lord Neparr is willing, conform to the Act of Parliament, to buy his teinds from the Lord Cardrosse, being minor; the price is set down by the Commission. The Lady Cardrosse, mother to the titular, having commission from the Earl of Buchan, tutor to the Lord Cardrosse, to sell and dispone the said teinds; pursues the Lord Neparr for the price. He alleges, He could not make payment to her as factor or commissioner, but must have a disposition subscribed by the tutor himself, or otherwise he cannot be in tuto. The Lords found the lady had power to sell, by virtue of the commission granted to her by the tutor. But sundry of the Lords, of best judgment, were of the contrary opinion.
2d MS. Page 83.
The electronic version of the text was provided by the Scottish Council of Law Reporting