A writ subscribed by a tutor designing him so, makes him as fully liable as if there were a nomination or gift of tutory produced.
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Mr Alexander Seton, advocate, intented an action of count and reckoning, as heir and executor to his deceased brother, the Laird of Pitmedden, against George Seton, as representing his father, who was one of Pitmedden's tutors, and for proving thereof produced a contract, and some other writs, subscribed by him, wherein he was designed tutor. The Lords found, that these did make him liable to count and reckoning, not only for actual intromissions, but for all that he ought and should have intromitted with, notwithstanding it was alleged, that unless there was a nomination or gift of tutory produced, he could only be liable as to those deeds wherein he did acknowledge himself tutor, and from that time. But they refused to grant process against the defenders until all the rest of the tutor's heirs or executors were called.
Fol. Dic. v. 2. p. 272. Gosford, MS. p. 20.
*** Stair's report of this case is No 18. p. 2185., voce Citation.
