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Cite as: [1687] Mor 9989

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[1687] Mor 9989      
Subject_1 PAYMENT.

Lady Newmills
 v.
Isobel and Esther Smiths

 Date: 5 February 1687
Case No. No 11.

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Found that a right acquired to a defunct's bond before the acquirer became tutor or pro-tutor, &c. to the debtor's son, is not presumed taken to the pupil's behoof. But compensation was sustained upon this ground, that the tutor had not compted for his intromissions with the defender's means; for which a process was depending at the defender's instance against the tutor's representatives, and ready to advise; the same mox liquidandum. See Tutor and Pupil.

 Fol. Dic. v. 2. p. 50. Harcarse, (Tutors & Curators.) No 990. p. 279.

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/1687/Mor2409989-011.html