Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by TUTORS and CURATORS. Subject_3 PRO-TUTOR.
M'Duff v. M'Duff
Date: 5 July 1637 Case No. No 50.
Found in like manner.
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One M'Duff being confirmed executrix to her brother John M'Duff, and pursuing the executors of umquhile M'Duff, which umquhile M'Duff was nearest of kin to the said John M'Duff, the pursuer's brother, and who died minor, and which umquhile M'Duff was that person, who, being nearest of kin, as said is, ought to have been tutor to the pupil; to pay to her the sums and goods intromitted with by him, together with the profits thereof since the time of his intromission: In which action it being controverted, if this defender, as executrix conveened to the defunct, or the defunct's self, if he were living, could be conveened as subject in annualrent for the monies alleged intromitted with by him, seeing it was alleged he was never tutor, and so not liable in annualrent.——The Lords found, That the defunct being that person, who might have been tutor in law to the pupil, albeit he was not tutor, yet having intromitted with the pupil's means, and so as pro-tutor behaving himself, was liable in annualrent to this pursuer, for all years since his intromission, for nummi pupillorum non debent esse otiosi, and so the Lords repelled the allegeance, and decerned for the annualrent.
Act. Nairn.Alt. ——.
Fol. Dic. v. 1. p. 40. Durie, p. 848.
*** Compare this Division of Annualrent, with the Title Tutor and Pupil.
