Tutor not allowed to wave a nullity, tho' all parties having interest consented.
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The procedure in a sale at the instance of a pupil and his tutor being found defective, in respect the heir-apparent of the pupil had not been called, a new process of sale was raised, wherein the next apparent heir, who was the pupil's younger brother, and to whom the same person was also tutor, was called, and who, as tutor to the next apparent heir now called, consented that the proof which had been led in the first process of sale should be repeated in this. It was found by a majority, “That the tutor could not wave the nullity, though the application for having said former proof sustained was made also with the concurrence of the creditors.
