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In an action pursued by the tutor of Congilton against the Lady, excepted by her, no process at the tutor's instance, because he had not found caution; which exception was sustained.
Spottiswood, p. 345.*** This case is reported by Maitland:
In ane action pursued by the tutor of Congilton against the Lady, it was excepted by the said Lady, that he had no action to pursue as tutor de quod non satisdedit; which was found relevant.