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Scottish Court of Session Decisions >>
Katharine Mitchell v The Children of Thomas Llttlejohn. [1681] 3 Brn 394 (15 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030394-0548.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Katharine Mitchell v. The Children of Thomas Llttlejohn
Date: 15 February 1681
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See the prior parts of this case supra, page
The Lords having considered the bill given in by the children of Thomas Littlejohn, and that certification being made in the Outer-house none objected why the desire of it should not be granted; therefore they ordain any party concerned, to give in a list to-morrow, to the Lords, of such persons as they would have to be curators to the minors, out of which the Lords declare they will authorise one to be curator ad hoc particulare negotium, viz. to uplift 2500 merks from the debtors, and give a discharge thereof; which sum they are to give to Katharine Mitchell, their father's relict, for her liferent right of 600 merks per annum, which was no prejudice to the minors, there being almost as much of bygones then owing her; but they were not bound to give her money, but only to assign to a third of the moveable estate. Vide 10th July 1678.
This is also done where minors have lands to set, and none (for fear of ges tion as tutors,) dare meddle for them, and subscribe the tacks with the tenant; the Lords will authorise one for that effect, and it will bind nothing on him; which is also great advantage to minors wanting tutors or curators. Vide 17 th January 1683, E. of Leven.
Vol. I. Page 130.
For the numerous other reports of this case, see the Index to the Decisions.
