The oaths of tutors were taken relative to the extent of warrandice in a disposition.
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The Laird of Fairny having disponed to the Lord Melvile, the minor, the lands and teinds of Pitlour, with absolute warrandice, the Lord Melvile charges Fairny to warrant the disposition for 13 bolls of victual, paid to the minister for his stipend, since the year 1646. It was alleged by Fairney, That the warrandice cannot be extended to minister's stipend, unless the warrandice had per expressum carried the same, especially seeing, since the date of the disposition, the Lord Melvile has been still in use to pay the minister, without seeking relief till now; and Fairny offered to prove, by Bogie, who was the bargain-maker, and by the rest of the Lord Melvile's curators, that the lands and teinds were bought according to a rental, which they paid over and above the minister's stipend. It was answered, That the absolute warrandice was opponed per expressum set down in the disposition, and that the price of the lands and teinds were equivalent thereto, being freed of the minister's stipend; and no tutor, curator, nor witness's oath, could be taken to take away writ.
The Lords, before answer, ordained the tutors' and curators' oaths to be taken.
