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An action for delivery of writs was sustained at the instance of a minor having curators, without consent or concourse of his curators, against an Advocate, haver of the writs, in whose custody the same were put by the minor and his curators, and the curators neither assisting the pursuit, nor yet being convened in the process by the minor, for the exoneration of the Advocate, with whom the writs were deposited.
Act. Burnet.Alt. Present.Clerk, Gibson.
Durie, p. 448.*** Spottiswood reports this case.
The Laird of Haddo and his Curators having delivered to Mr Roger Mowat Advocate in custody his whole writs and evidents; afterwards the minor being married, and desiring to enter to his lands, craved to have his evidents for that effect, to show to his superior. Mr Roger alleged, He having got them from the minor and his curators, he could not deliver them to him being minor, without the consent of his curators; yet the minor and his father-in-law, the Laird of Tolquhon, offering to find caution to re-deliver them to Mr Roger, after they had served their turn with them;—the Lords ordained him to lend them out.
