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Scottish Court of Session Decisions >>
Sir James Ramsay of Whythill v Maxwell of Garnsalloch. [1672] 2 Brn 617 (1 February 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020617-1029.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Sir James Ramsay of Whythill v. Maxwell of Garnsalloch
Date: 1 February 1672
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In the action [mentioned in page 612,] between Sir James Ramsay and Maxwell of Garnsalloch, at number 302; the Lords found an act of curatory null, because three was declared to be a quorum, and three never accepted, and so their not acceptation (though the rest acted as curators) made the whole curatory to fall. But I suppose it will not be so in a tutory, where some, yea the major part, renouncing, the office accresces unto the rest, though the fewer: at least there will be more doubt in it. See Hadington, December 12, 1609, Fairsyde and Adamsone.
