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Scottish Court of Session Decisions >>
Mr Robert Dunbar of Myreland, and other Tutors of Sir Robert Gordon of Gordonston, Supplicants. [1710] Mor 8910 (11 July 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor2108910-010.html Cite as:
[1710] Mor 8910
Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
Mr Robert Dunbar of Myreland, and other Tutors of Sir Robert Gordon of Gordonston, Supplicants
Date: 11 July 1710 Case No. No 10.
A pupil whose tutors were appointed in terms of the act 1696 to continue curators, not allowed to be sequestrated some days before his pupillarity expired, to prevent his being influenced in the election of curators, unless these tutors would positively renounce to be curators.
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Albeit the Lords are in use to sequestrate a pupil some days before his pupillarity expires, to prevent his being influenced to his prejudice, in the election of his curators; yet they refused, upon the application of Myreland and other tutors of Sir Robert Gordon of Gordonston, to sequestrate Sir Robert any days before expiring of their tutory; in respect the tutors were appointed by the pupil's father, in the terms of the act 8th Parl. 1696, to continue curators; unless these would positively renounce to be curators. Albeit it was alleged for them, That they were not bound to declare their mind in that matter, till the ish of their office of tutory; but probably they would decline to be curators; and then the pupil would be in the same case as if he had no curators named; therefore he ought to be sequestrated some days before he go out of his pupillarity, to qualify him for making a good choice of curators in the event of the nominees refusing to accept.
