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Scottish Court of Session Decisions >>
Bennet v Turnbull. [1628] Mor 2181 (12 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0502181-011.html Cite as:
[1628] Mor 2181
Who must be Cited in a process against Minors, and who Certiorated in Extrajudicial Steps against them.
Bennet v. Turnbull
Date: 12 July 1628 Case No. No 11.
Tutors and curators need not be certiorated in extrajudicial acts, such as warnings, but must be called in summonses of removing following thereon.
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In a removing, Rachel Bennet contra Turnbull, the defender being minor, the Lords found no necessity to warn the tutors and curators by the precept of warning, they being summoned by the principal summons of removing, for the precept is not a judicial act; and also the defender defending upon a personal contract made by the pursuer's author, anent the borrowing of money from the defender's father, to whom he was heir, for the which he was bound, to give the defender's father and his heirs security of the lands libelled, and disponed the same by the said contract, (no other real right following) to be bruiked without any duty to be paid therefor, in place of the annualrent of his money, ay and while the lands were redeemed, by payment of the principal sum, according whereto he and his father have been in continual possession of the lands these many years bypast; which security being of the nature of a tack, ought to defend him; this exception was repelled against this pursuer, who was a singular successor in the right of the lands.
Act. Taylor.Alt. Belshes.Clerk, Hay.
Fol. Dic. v. 1. p. 132. Durie, p. 388.
