Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Storck
v.
Londons
14 December 1664 Click here to view a pdf copy of this documet : PDF Copy
In an exhibition of writs raised at the instance of one Storck against Londons, which Storck was tutor-in-law to some minors there, there was compearance made for the tutor-dative,—who alleged, That he being tutor-dative, the writs ought to be exhibited to the tutor-in-law, whose service and retours were not expede debito tempore, especially he being such a person as to whom the pupil had several actions and processes; and that the tutor-dative's gift was expede before the expeding of the tutor-in-law's, which was not expede or done within the year after the vacancy, as ought to be. The Lords sustained the exhibition, without prejudice to either of the tutors to debate the competition anent their several rights.
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