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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scot v Scot. [1759] 5 Brn 872 (20 February 1759)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONOBODDO.
Subject_2 COMPLAINT FROM STIRLINGSHIRE.
Date: Scot
v.
Scot
20 February 1759 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. No. 172.]
The mother of some infants, under the age of seven, to whom the father had nominated tutors, refused to let them go to Edinburgh to school, according to the direction of the tutors, but insisted to keep them with herself in the town of Cupar of Fife, and there to put them to school.
The Lords, upon a petition from the tutors, ordered the children to be given up, preferring their judgment to the judgment of the mother, in the matter of a school, but did not thereby hinder the mother from coming up to Edinburgh, and living with them, so as still to keep the custody of their persons till their age of seven, according to the doctrine of our law books.
The electronic version of the text was provided by the Scottish Council of Law Reporting