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The tutors of William Haly of Kinneddar advertised his mansion-house, and some land with it, to be set by roup for eleven years; and accordingly a roup was held; the articles wrote by one of the tutors, and William Sands of Langside pronounced by the Judge the highest offerer, who signed his offer, and was put in possession; and the tenants, by order, furnished him with some carriages agreed on. But the articles had not been signed by any tutor, nor the roup itself by the Judge who acted, who also was not appointed by writ.
James Haly, goldsmith in Edinburgh, one of the tutors, and factor for the rest, executed a warning, and pursued the tenant to remove, as he had no written tack.
The defence was laid upon the circumstances of the roup; and that the tutors were not consulting their pupil's interest, but the private advantage of James Haly, who wanted the house for himself.
The Lords sustained the defence, and found expenses due, and ordained them to be paid by the pursuer himself, and not stated to his pupil.,
Act. R. Craigie.Alt, Ferguson.Reporter, Strichen.Clerk, Kirkpatrick.
D. Falconer, v. 2. No. 101. p. 116.
