Subject_1 TUTOR - CURATOR - PUPIL.
Date: Bruce
v.
Sinclair
14 July 1610
Case No.No. 71.
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In an action of ejection pursued by Andrew Bruce of Sandweek contra Captain William Sinclair, for ejecting him forth of certain lands, which were possessed by the said Andrew as tutor dative to Laurence Sinclair, apparent of Burg, the Lords found, That the said pursuer could have no action as tutor, without concourse of the pupil, specially in respect the tutory was expired, and the minor had chosen curators, of whom the said defender was one, and it was lawful for him to enter to the possession of the said lands to the minor's behoof, finita tutela, Item, The Lords found, that he could have no action for spuilziation of the corns growing upon the lands which were sown by the tutor, for the causes foresaid—Confirmed by a new interlocutor.
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