A tutor's factor being, by contract with the constituent, obliged to do all for the pupil that the tutor himself was bound to by law; it was found that the tutor needed not be convened in a process of count and reckoning at the pupil's instance.
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A minor pursuing the factor to her tutor for tutor-counts, which factor by contract betwixt the tutor and the factor, was obliged to do all to the minor, which the tutor himself was obliged in of law; it was found, that the said factor and his heirs, who were here convened (the factor himself being dead) were subject to give count, reckoning, and payment to the said minor, and that the tutor's self needed not to be convened in this process; but the action was sustained against the factor, and which action was sustained against him, not only for his intromission, but also for his omission, and for payment of such particulars as the said factor might have intromitted with. Item, The said action was sustained for all the years duties of the lands wherein the minor was infeft, and which pertained to her umquhile father, which preceded her sasine, since the decease of her father; and for the which years, albeit the minor's infeftment preceded not the same, the factor was found ought to be comptable, seeing the sasine should be drawn back to the time of the father's decease, there being no other claiming the non-entry thereof, and no other pretending right thereto.
Act. Belshes.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 133. Durie, p. 467.
