A tutor at law found entitled to require exhibition of the pupil's writs, from a tutor-dative with whom he was competing for the office.
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Mr Hugh Fork being tutor of law, served to his brother and sister of a second marriage, pursues Mr Gavin Loudoun for exhibition of certain writs belonging to the children. It was alleged, That the defender is tutor-dative to the children, at least his brother, from whom he has the trust of the writs as tutor-dative, and concurreth to the allegeance, That he having the tutory legally established in his person, is not obliged edere instrumenta, to any who has not a valid tutory or other interest. It was answered, That it is not proper ante exhibitionem, to dispute the validity of either of the tutories; and the pursuer, though he were not tutor, but nearest of kin to the children, may have good reason to call for inspection of their writs, wherein they can have no prejudice, but much more, being tutor in law served.
The Lords repelled the allegeance contra exhibitionem, reserving to the parties to dispute their rights before delivery.
