Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

Hamilton
v.
Lundie

Date: 16 January 1674
Case No. No. 180.

Effect of a tutor's intro-mission in a case of apprising.

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William Hamilton of Wishaw having adjudged the lands of Fordel from the heirs of Sir John Brown, pursues a declarator against Andrew Lundie, that a prior apprising of the same lands was satisfied by intromission with the rents of the lands, either by the apprising, or by the said Andrew's intromission, as tutor to Fordel's heir, he being one of three tutors nominated, who are liable in solidum, not only for their intromission, but for what they might have intromitted with.

The Lords found that the intromission as tutor, or the omission, could not be determined till the pupil and con-tutors were called; but in regard there was an act of count and reckoning in this process, wherein some progress had been made, they allowed the pursuer to continue this process by a citation against the con-tutors and pupil, that the tutor's accounts might be concluded, and what this tutor was found liable for, might then come in consideration, to be imputed in the sums contained in the apprising.

Stair, v. 2. p. 254.