Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

William Reid
v.
John Reid

Date: 10 January 1665
Case No. No. 146.

Exhibition of a defunct's writs at the instance of his heirsustained, not only for such as belonged to the defunct, but for such as were in his possession at his death.

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William Reid pursues John Reid, as his tutor, to deliver all writs belonging to the pupil's father, or which were in his custody and possession quovis modo, intro mitted with by the tutor; who alleged, The pupil could have no interest in any writs but those which belonged to his father.

The Lords found, That the pupil had interest to call for exhibition and delivery of all writs that were in his father's possession quovis modo, and ordained the tutor to exhibit all, without prejudice to any party having interest to crave the delivery of these writs, if they belonged to them.

Stair, v. 1. p. 247.