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George Campbell, tutor dative to Charles Campbell, pursued Catharine Chalmers, mother to the pupil, for delivery to him of the pupil. Alleged, He could not be delivered to the pursuer, because he had chosen curators. Replied, The act of curatory was null, in respect the minor was yet within pupillarity, which he offered to prove by the mother's oath, by whose means the curators were chosen only to defraud the tutor. Duplied, Her oath cannot be taken in prejudice of the curators, who are not called here, neither can the act of curatory be taken away hoc ordine, but it must be reduced. The Lords repelled the allegeance, in respect of the reply.
