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Scottish Court of Session Decisions >>
Sir John Baird and Others, Petitioners. [1741] Mor 16346 (13 January 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3716346-272.html Cite as:
[1741] Mor 16346
Authority given to serve a pupil, who had no tutors, heir to his father. - Tutor ad litem.
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Upon the application of Sir John Baird of Newbyth, and others, the nearest of kin to the infant children of the deceased Sir Robert Baird of Sauchtonhall, for having a factor appointed for managing the concerns of the said pupils, and particularly that the factor might be empowered to serve Sir David, the eldest son, heir to his father, the Lords appointed a factor, with power to make up titles to the moveable subjects belonging to the pupils, or any of them, in terms of the act of sederunt 1730.
But it being doubted, Whether they could empower the factor to serve Sir David heir to his father, the Lords deferred giving judgment till it should be enquired what had been done in the case of James Lord Bargany, a pupil, in anno 1711? And the warrants in that case having been produced, from which it appeared, that the Lords had given powers to the factor to serve the said Lord Bargany, the like was also given in this case.
Application was made at the same time for a power to the factor to pursue and defend in processes; which was refused, as the Lords never authorize a tutor ad lites in general; without prejudice to the factor's applying from time to time, as any particular process should be pursued for or against the pupil, to the Lords, or any other Judge before whom it should come, for a tutor ad hanc litem.
