Laird Auchinleck v. Laird Cathcart and Lady Cathcart
Date: 14 December 1632 Case No. No. 125.
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The Laird Auchinleck, assignee constituted —— by Craig, pursues the Laird Cathcart, pupil, as heir to his father, and the Lady Cathcart, tutrix to her son, for payment of——merks, addebted by the umquhile Laird Cathcart to the said Craig, cedent. It is alleged by the Lady, That albeit she be tutrix for her son, yet the office astricts her not to pay out sums of money for her pupil, except the pursuer will prove that she, as tutrix, has intromitted, or might intromit with as much of the minor's gear as will pay the debt. Which exception the Lords found relevant.
