Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

James Bartholomew
v.
Margaret Bartholomew

Date: 14 July 1681

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Margaret Bartholomew having served an edict for choosing of curators before the Sheriff of Renfrew, James Bartholomew, her father, pursues advocation thereof on this reason, That he, as father and lawful administrator, is the only tutor to his daughter in her pupillarity, and curator in her minority; and, therefore, without his consent there can be no other curators chosen.

It was answered, That the daughter hath lands, not flowing from the father, with the rents whereof the father hath intromitted.

The Lords found, That the father, as lawful administrator, was curator; and therefore advocated the cause; but declared, that they would give the daughter curators ad lites for clearing accounts of the father's intromission.

Vol. II, Page 890.