Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATION contra hæreditatem jacentem.
Dunlop v. Brown
Date: 27 February 1684 Case No. No 6.
A comprising against a minor, as served heir to his predecessor, found still to subsist, and to be of the nature of an adjudication cognitionis causa, when the minor ex capite minorennitatis is reponed and renounces.
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In the action of reduction, pursued by Dunlop younger, and his lady Antonia Brown, of a discharge granted to Andrew Lundie, by the said Dunlop, of his omissions as tutor to the said Antonia: The Lords found, that Wishaw having comprised from John Brown, as lawfully charged to enter heir to Sir John Brown, his father, for payment of a debt due by the said Sir John; had good interest to allege, that Lundie's comprising was extinct by omissions, as tutor to John Brown; and, that by the decreet, obtained against John, as lawfully charged to enter heir to Sir John Brown; the debt became John's debt, and he became personally liable therefor; and so Wishaw might propone compensation upon the omissions which were due by the tutor to the pupil. But the Lords found, that Wishaw having comprised or adjudged from Antonia Brown, as heir to her father, Sir John Brown; (after the death of the said John Brown, her brother); and she having reduced the service upon minority and lesion; whereby the comprising was of the nature of adjudications, upon a decree cognitionis causa; therefore, Wishaw could not compensate the sums contained in the tutor's comprising with the tutor's omissions, during the time of Antonia's tutory; in regard, they found the privilege of making the tutor liable for those omissions, was personal to the pupil, and to her assignees; and so sustained the discharge granted by Dunlop, of the said omissions, and found that the adjudgers could not quarrel the same.
Fol. Dic. v. 1. p. 3. President Falconer, p. 59. No. 87.
