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Scottish Court of Session Decisions >>
Gordon of Rothemay, and - Barclay v Colonel Fullarton and Lord Boyne. [1684] 3 Brn 491 (16 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030491-0736.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 16 January 1684
Gordon of Rothemay, and - Barclay v. Colonel Fullarton and Lord Boyne
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Gordon of Rothemay and———Barclay, heretrix of Towie, his Lady, against
Colonel Fullerton, and my Lord Boyne, who married the said heiress's mother, reported by Saline.
The Lords found that Colonel Fullerton, being the posterior tutor to the said Lady Towie, ought to have called her mother, (who was afterwards Lady Boyne,) her prior tutrix, to an account, notwithstanding she had obtained a decreet of exoneration of her office and intromissions; but, in respect of the decreet of exoneration, they remit to the reporter, before answer, to hear the parties on the articles of the condescendance of the pursuer's lesion (when minor) given in, and to report; and ordain the Colonel to produce the contract betwixt him and the Lord Boyne, and to condescend on the expenses at law depursed by him on the minor's affairs.
