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Lord Napier's Tutors v His Curators. [1694] 4 Brn 149 (9 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040149-0338.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Napier's Tutors v. His Curators
Date: 9 February 1694
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In the debate between the tutors and curators of the late Lord Napier, Which of them should be found liable for the rents of the year when the tutory ceased and the curators entered on their office; (for, though they be both liable to the minor, yet the question was, Which of them were bound to relieve the other:) The Lords found the curators liable, unless they had done diligence against the tutors to call them to an account, as also against the tenants; and found the curators liable for what was in the tenants' hands unuplifted at their entry, but not for what the tutors had drawn precepts on the tenants for, and which the tenants had accepted; for the Lords esteemed that equivalent to payment: though the President said the curators should also be liable for it.
