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Scottish Court of Session Decisions >>
A. v B. [1632] Mor 16261 (9 July 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor3716261-124.html Cite as:
[1632] Mor 16261
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A tutor of law serves himself tutor, and intromits; but finds not caution. After year and day, another takes a tutory dative. The tutor hearing of the dative, finds caution. The tutor dative pursues. The tutor lawful compears, and alleges, he can have no interest, but that he would be preferred to the tutor dative, being served tutor in law, and finding caution. It is alleged by the dative, he ought to be preferred, because he had not found caution within year and day after his service. The Lords preferred the tutor, in respect he had found caution; which cautioner would be answerable for all his tutor's intromissions, as well before as after the time of finding caution; and there is no time appointed by law of finding caution by tutors of law.
