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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Graham v The Earl of March. [1735] 1 Elchies 492 (5 December 1735) URL: http://www.bailii.org/scot/cases/ScotCS/1735/Elchies010492-003.html |
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Subject_1 TUTOR - CURATOR - PUPIL.
Graham
v.
The Earl of March
1735 ,Dec. 5 .
Case No.No. 3.
Click here to view a pdf copy of this documet : PDF Copy
The Lords were of opinion that the rule that a tutor cannot alienate without authority of a Judge extends to heritable debts as well as rights of property; but this being an alienation in favour of the debtor or reverser who had a right to compel him to receive his money, they found the authority of a Judge not necessary, and assoilzied from the reduction. The President doubted of this interlocutor. Lord Newhall thought a tutor had right to uplift heritable debts as well as personal. It was asked if this would extend to proper wadsets. But many of us doubted of that point, because a proper wadset is pactum de retrovendendo,—29th January.—5th December, The Lords adhered to the interlocutor marked 29th January last unanimously, at least nem. con.; and indeed it seems
implied in the act 1672 anent tutors and curators, sed vide Balfour, Title Redemption of Lands, Cap. 20.
The electronic version of the text was provided by the Scottish Council of Law Reporting
