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In an action of reduction pursued by George Gordon of Barskeoch, for reduction of a hornsng used against Alexander Gordon, his father's brother, to whom he was heir, who was denounced to Patrick M'Ghie of Lagg, against whom and the said umquhile Alexander, as curator, Patrick Murdo had obtained a decree of removing from the lands of Duntres, and thereafter a decree of violent profits; it was found, that the horning executed against the curator was null, upon this reason, that the decree of violent profits was obtained against the minor himself, et hoc modo, that he occupied these lands himself, and that the curator, albeit nominatim summoned, yet was not proved to be curator, tempore sententiæ, by production of the act of curatory, and that the office should be onerous to the curator.
Kerse MS. fol. 149.*** Haddington reports this case:
A curator may not be put to the horn upon charges raised upon a decree of violent profits given against his minor, upon probation of the minor's intromission; because the curator, being only charged for his interest, should not be denounced, but only the minor. But a tutor being decerned with his minor, may lawfully be denounced.
