Payment being made, who understood to have advanced the Money.
Earl of Winton v. Ramsay
Date: 25 January 1662 Case No. No 198.
Effect of a tutor's acquiring to a debt by his
Click here to view a pdf copy of this documet : PDF Copy
The Earl of Winton being debtor to the Lady Semple, his daughter, in a sum of money, she assigns the same to umquhile Sir George Seton, who was one of the tutors testamentar nominated and accepting to this Earl; and Sir George transfers the said debt to Mr James Ramsay of Fawside, who pursues the Earl for payment. It was alleged by the Earl, That Sir George being one of his tutors, accepting, and acting, as tutor, having acquired right to a debt due by his pupil, law presumes, that he has acquired the same with the pupil's own means or intuitu that he was debtor to his pupil in as much; and consequently, that ab initio it was taken for his pupil's behoof; and the excipient offered to pay the sum to the pursuer, he finding caution to refund pro tanto, if after compt and reckoning it should be found, that Sir George, being a conjunct tutor, should be found debtor to the excipient. It was answered, That though Sir George was tutor, yet he was not intromitter; the Viscount of Kingston being intromitter, against whom the Earl had action of compt and reckoning depending. It was replied, That though Sir George did not intromit, but suffered Kingston or any of the rest to intromit; yet by the law, singuli tenentur in solidum.
The Lords ordained the pursuer to find caution to refund.
Gilmour, No 22. p. 18.
*** Stair's report of this case is No 2. p. 9977, voce Payment.
