Factory, when revocable - when understood revoked.
Nasmith v. Nasmith
Date: 12 November 1624 Case No. No 2.
A factory granted by a minor with consent of his curators indefinitely, does not fall at majority, but continues until it be de facto recalled.
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In an action for making of tutor counts, pursued by the bairns of umquhile John Nasmith, chirurgion to his Majesty, against James Nasmith their tutor, the Lords sustained the pursuit at their instances, as they were authorised by curators given to them in England, where they were for the time, by the Archbishop of Canterbury; which act of curatory, so made in England, the Lords sustained, and found it sufficient to authorise the said pursuit, and to authorise the minors in pursuing of the tutor in this judgment in Scotland, for his intromission with their means in Scotland; neither found the Lords any necessity, whereby that the minors should be compelled to chuse again curators after the laws and form of Scotland, for authorising of them in the said pursuit, for the goods in Scotland.
In this same pursuit also, the Lords found, that a procuratory being once lawfully made by a minor, with consent of his curators, was sufficient to give their procurator power to do the deeds contained in the procuratory, after that the minor granter thereof became major, at the years of whose majority, the procuratory ceaseth not, nor becomes extinct, but that the same endures and lasts also after the majority, aye, and while it be revocate and discharged by him. See Foreign.
Act. Hope & Stuart.Alt. Nicolson & Burnet.Clerk, Scot.
Fol. Dic. v. 1. p. 287. Durie, p. 145.
