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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: -
v.
Cuninghame
22 November 1684 Click here to view a pdf copy of this documet : PDF Copy
A tutor-testamentar, who thereafter was donator to the pupil's marriage, having signed a discharge, with the pupil, of rents to a tenant, which was obtruded against him as a qualification of his acceptance of the tutory;—Alleged for the defender, That the discharge, not being holograph, was null quoad him, for want of writer's name and witnesses. Answered, It was a discharge to a tenant that requires not the solemnity of witnesses. Replied, Though such a discharge might be sufficient for the tenant's exoneration, it is not sufficient to make the defender liable as tutor, he not being therein designed tutor. The Lords, in respect of the other papers and presumptions of acceptance mentioned, No. 982, [———— against Cunningham, 12th November 1684,] sustained the discharge as a probative writ, the defender not denying the subscription.
Page 224, No. 793.
The electronic version of the text was provided by the Scottish Council of Law Reporting