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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Robert and Bessie Swintoun
v.
James Notman
15 December 1664 Click here to view a pdf copy of this documet : PDF Copy
In an action of pro-tutory betwixt Robert and Bessie Swintoun against James Notman, as representing umquhile James Notman, who was appointed overseer to the pursuers, by their father's latter will; Margaret Currier, their mother, being nominated tutrix; and which James Notman had intromitted with the pupils' means, the tutrix being married, and so the tutory expired;— the Lords, upon many hearings of this case, in their own presence, found, That the pro-tutor was liable to count for the pupils, eodem modo as if he had been tutor; and made an Act of Sederunt, which is of the date the day of 1665, that they would, in all time coming, decide in such cases accordingly, conform to the civil law and a practique of 5th July 1637, in Dury,— M'Duff against M'Duff.
Page 12.
The electronic version of the text was provided by the Scottish Council of Law Reporting