Subject_1 BONA ET MALA FIDES. Subject_2 SECT. III.
Ignorantia Juris.
Doctor Balfour and Anna Napier, his Spouse v. Mr William Wood
Date: 19 January 1670 Case No. No 12.
A relict having confirmed a bond bearing annualrent, and uplifted a third of it, which she had no right to do, the heir's tutors were found liable for it, ob negligentiam, in not pursuing for repetition; and ignorantia juris was not sustained as a defence.
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In a tutor compt, pursued at the Doctor's instance, against the heirs of Mr James Wood, who was tutor-testamentar to the Doctor's wife, there was an article of the charge founded upon bonds bearing annualrent: Against which it was objected, That the third of these bonds were confirmed as belonging to the relict by the division of the inventory, and were accordingly intromitted with by her; so that the defender's father not being the giver up of the inventory, but the relict who intromitted, her heirs and executors, could only be pursued; and the confirmed testament, ought first to be reduced, and the division thereof found null and against law.——The Lords, notwithstanding, did sustain that charge against the defender, and found no necessity to reduce the confirmed testaments, seeing the bonds themselves were produced, which bearing annualrent, were heritable quoad relictam; which all the tutors accepting of the office were bound to know. And it was not respected, that the said Mr James Wood, the defender's father, was a Professor of Divinity, and not acquainted with the law, as was alleged.
