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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David and andrew Fairfouls v Mr. James Binnie. [1666] Mor 16277 (4 January 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3716277-153.html |
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Subject_1 TUTOR - CURATOR - PUPIL.
Date: David and andrew Fairfouls
v.
Mr James Binnie.
4 January 1666
Case No.No. 153.
In a nomination of curators, the pupil's mother being sine qua non, on her death, the pupil was found sufficiently authorised by two surviving curators.
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The bairns of the umquhile Bishop of Glasgow having charged Mr. James Binnie to pay 1000 merks, he suspends, and alleges that they were minors, not sufficiently authorized, in so far as they did choose Mr. John Harper, and Auchmoutie, and their mother, to be their curators, or any two of them, their mother always being one, so that their mother being dead, who was sine qua non, there behoved to be a new election. It was answered, That the pupils were willing to compear, and acknowledge these curators as their curators, which is sufficient to authorize.
Which the Lords found relevant.
The electronic version of the text was provided by the Scottish Council of Law Reporting