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Scottish Court of Session Decisions >>
Wright, and John Hamilton, Her Husband, v William Veitch. [1680] Mor 16299 (24 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3716299-197.html
Wright, and John Hamilton, Her Husband, v. William Veitch
Date: 24 June 1680 Case No. No. 197.
It was found that a tutor might use the kain fowls of his pupil's lands.
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In a tutor count, the Lords found the kain fowls of the pupil's lands might be used by the tutor as a casualty for his pains, and where they are numerous, then eo casu the burden of the administration will be proportionally great; and in buying land, the kains are not estimated, and it is to be presumed the tutor uses them when he is employed in his pupil's affairs; and though it be officium gratuitum, yet law deals strictly with them in the matter of diligence, and gravatus in uno levandus in alio.
