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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Boyde v Tailzefer. [1665] 2 Brn 423 (20 December 1665)
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Cite as: [1665] 2 Brn 423

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[1665] 2 Brn 423      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Boyde
v.
Tailzefer

Date: 20 December 1665

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In the case betwixt Boyde and Tailzefer, a pupil being convened as behaving himself as heir by intromission, &c. because his tutor in his name did intromit, by giving discharges nomine tutorio; Found, This intromission of the tutor could not bind a passive title on the pupil, in respect pupilli non habent animum gerendi se pro hærede; but declared the tutor liable for what he had intromitted with, according to the extent thereof.

Act. Dinmuire. Alt. Maxwell. Advocates' MS. folio 55.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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