The principle of the common law, Tutor in rem suam auctor fieri non potest, found to take place in the law of Scotland.
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The Lord Sanquhar desired letters conform to a tack and assedation. Compeared one Joha Crichton, son to the tutor of Sanquhar, and alleged no letters ought to be granted, because he had tacks for terms to run of the said duties, which were the teind-sheaves of the kirk of Kirkconnell, set by the commendator of, It was answered a Domino de Sanquhar, that he that was son to the tutor could not be heard to allege any tack, because the said tack was purchased by the said tutor during the time of his tutory, et summa fraude et dolo se gessit, to obtain a tack and assedalion of the thing already acquired to the pupil, nam de jure tutor in rem suam vel in eo negotio quod ad se principaliter pertinet auctor fieri non debet L. 1. D. De auctoritate et consensu tutorum; the which allegeance was admitted by the Lords, and granted letters conform, notwithstanding of the tack acquired by the tutor to his son during the time of the office of the tutory.
