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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Children of Earl of Wemyss v Their Brother. [1735] 1 Elchies 492 (24 July 1735) URL: http://www.bailii.org/scot/cases/ScotCS/1735/Elchies010492-002.html |
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Subject_1 TUTOR - CURATOR - PUPIL.
Children of Earl of Wemyss
v.
Their Brother
1735 ,July 24 .
Case No.No. 2.
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The Lords demurred whether the tutors being only liable for intromissions but not for omissions they could be decerned personally for intromissions in their factors hands; and therefore the pursuer insisting only for decreet against them for the interest, the same was restricted accordingly. 2dly, They found the clause committing the education of the children to their mother was not a condition of the aliment, and refused the bill in toto.
The electronic version of the text was provided by the Scottish Council of Law Reporting