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Scottish Court of Session Decisions >>
Steven v Boyd. [1667] Mor 3503 (9 July 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor0903503-040.html Cite as:
[1667] Mor 3503
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If the pupil's debtors be unquestionably solvendo, the tutor can have no occasion to do diligence, but if a debtor or his cautioner be vergens ad inopiam, the tutor is bound to do all diligence for uplifting the sums, unless the debtor become entirely bankrupt suddenly, which the tutor could not foresee, in which case he is not liable.
A tutor is bound to do diligence according to the circumstances of the debtor; if there is land, he must apprise; if goods, poind; if sums, arrest; and, in subsidium, to use personal execution.
