Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

George Home
v.
Lady Haddington and Tenants of Slegden

Date: 2 December 1635

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Sir George Home of Manderston infeft his son George in the lands of Slegden. The said George convened the tenants for the mails and duties thereof, and the Lady Haddington, who had uplifted the same from the tenants divers years bygone. Alleged for the Lady Haddington, She could not be countable for the bygone duties to the pursuer, because she meddled therewith by warrant from his father Sir George, who was administrator of the law, for the time, to his son the pursuer, he being then minor; and that for the annual-rent of 3000 merks, addebted to her by the said Sir George, who affirmed himself to have right to the said lands. Replied, No administrator can give right, to any other, of his pupil's estate, and convert it for payment of his own debts, but must employ the same to the good and utility of the minor. The Lords, in respect this was an infeftment granted by the father to the son, which was not published that it could come to the defender's knowledge, assoilyied her from the bygones which she had intromitted with bona fide.

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