Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.

Maxwell of Friercarse
v.
Maxwell of Garnsalloch and Maxwell of Cowhill

Date: 3 July 1700

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Maxwell of Friercarse pursues Maxwells of Garnsalloch and Cowhill, and others, for count and reckoning of his estate during his minority, they or their father having accepted to be his curators; and, for proving thereof, produces a precept for choosing his curators in 1672, with an execution thereon against his nearest of kin, and a minute bearing his nomination and election of them to be his curators, and their acceptance, and making faith and subscription.

Alleged,—The paper is not obligatory nor complete, unless the pursuer instruct there was a judicial act of curatory passed thereon, or that they acted and intromitted; seeing all his charge is made up of a vast sum of pretended omissions now after twenty-seven years.

Answered,—Their acceptance is proven by their subscription under their own hand; and non refert whether they entered to the administration or not, or extracted an act, that being their own fault in neglecting their duty.

The Lords thought the case new, and ordained it to be argued in their own presence.

Vol. II. Page 101.