Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XV.
Tutors and Curators.
Henry Davidson v. Sir Hector M'Kenzie and Others
Date: 18 February 1772 Case No. No. 100.
A single curator may interpose for the evident utility of the minor, although, by the nomination, the right of acting be vested in the majority, who dissent.
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In this case, the pursuer insisting to have a decree of constitution against the minor, in order to lead an adjudication of his estate, upon certain debts affecting the same, in his person, in consequence of the Court having found, that a transaction made with the predecessor, for a sale of partof said estate, and in view whereof these debts were acquired, was not binding upon the defender, the heir of tailzie, and in which he was only opposed by one of four curators, the majority of whom being declared to be a quorum, it was urged, That the negative of the rest, who deemed the opposition inexpedient, did bar him from maintaining it singly.
“The Lords found the pursuer entitled to have decree of constitution for the debts libelled on; but that the debtor, Sir Hector, or Alexander M'Kenzie, his curator, may stop such decree, by paying to the pursuer, or consigning in the clerk's hands, the said debts.”
Act. A. Lockhart et Solicitor Dundas.Alt. Ilay Campbell et J. Boswell.Clerk, Kirkpatrick.
Fac. Coll. No. 8. p. 13.
