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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Young Laird of Lie v The Old Laird of Halkshaw and his Son. [1630] 1 Brn 313 (17 July 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Young Laird of Lie
v.
The Old Laird of Halkshaw and his Son
17 July 1630 Click here to view a pdf copy of this documet : PDF Copy
In a summons against a minor, his tutors and curators ought either to be summoned per expressum; or generally, at the market cross. But, in an action of removing pursued by the young Laird of Lie against the old Laird of Halkshaw and his son, a minor,—it was alleged, No process against the minor, because his tutors and curators were not summoned. It was replied, That the father of the minor being called, and being lawful administrator to the minor, it was sufficient to authorise him, except the defender will allege that he had other tutors or curators chosen or given to him. The Lords ordained the pursuer to mend his summons, and to call the father as lawful administrator to his son.
Page 220.
The electronic version of the text was provided by the Scottish Council of Law Reporting