Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
AnentCurators
Date: 18 November 1671
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[See the Case here referred to, supra, No. 40, page 476.]
In the action before mentioned betwixt Eleis of Southside, and Carse, supra, at No. 30, they found, though the office of curatory expired by the minor's arriving at his perfect age of twenty-one, and that they were not liable to count for any of his rents, except what they actually intromitted with after his majority; yet if there be one curator nominated by the rest, and sole intromitter, if he intromit with any part of the minor's rents after his majority, eo ipso, he shall be liable for all that year whereof he uplifted a part, though the same be small, because he should have continued his intromission; though it might very well have been objected, that if the tenants had not made voluntary payment of their farms to him, he had no right of exaction; he could not legally compel them, seeing his right was expired. But I think, if such a curator could say, that the tenants refused to answer him, it would deserve its own consideration.
