Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

Lamingtoun
v.
Raploch

Date: 22 June 1676

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A suspension being craved, upon that reason,—That the charger had been curator, and, ante redditas rationes, could not charge him with any debt:

It was answered, That the complainer being to be married, he desired the charger and some others to be his curators, to the effect they might authorise him to contract; and the charger had never intromitted.

Some of the Lords were of opinion, that, if it could be verified by the complainer's oath, that the charger had no intromission, and that these that intromitted were responsible; in which case, by the civil law, there is no actio tutelæ, but against those who intromitted; the others who had not intromitted, being only liable in subsidium, the said reason should not be sustained. But it being pretended, that, by our custom, all tutors and curators are liable, whether they intromit or not, without distinction; and that pupils may take themselves to any of them; though it was not made appear that the said point was ever debated or decided; yet the Lords ordained the complainer to give in a charge against the curator; and the count to be discussed upon the bill.

Glendoich, Reporter.

Page 177.