Who must be Cited in a process against Minors, and who Certiorated in Extrajudicial Steps against them.
E Kinghorn v. Collace
Date: 8 March 1626 Case No. No 9.
A father administrator, need not be specially cited; it is sufficient that tutors and curators are cited in general.
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In an action of removing of tenants defenders, pursued at the instance of the Earl of Kinghorn, from the lands and barony of Dods, wherein one called Robert Collace was convened; who being minor the time of his citation, and then having his father living, who was administrator to him of the law; The Lords sustained the process, and the summoning of the said minor, being summoned by the principal summons, and executions thereof, with his tutors and curators generally, and they being generally summoned, albeit that his father was not specially summoned by the execution, who was then living, whom the Lords found needed not to be specially summoned, as said is, seeing the tutors and curators were generally summoned.
Act. Hope et Rollock.Alt. Aiton et Nairn.Clerk, Gibson.
Fol. Dic. v. 1. p. 132. Durie, p. 189.
