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Scottish Court of Session Decisions >>
Cochran v Cochran. [1732] Mor 16339 (17 February 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor3716339-263.html Cite as:
[1732] Mor 16339
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In a son's contract of marriage, the father disponed to him several acres of ground. After the son's decease, the children's tutor, finding that one of these acres did not belong to the disponer himself, but to the disponer's wife, grandmother to the pupils, solicited a gratuitous disposition of the same from her. It was found, That the right acquired by the tutor to the acre of land in question accresced to the pupil, it being pleaded, That there ought no difference to be made in this case betwixt onerous and gratuitous acquisition; 1mo, Because every step taken by a tutor touching his pupil's estate must be presumed done with a view to the interest of his pupil; 2do, Because, were this distinction admitted, the pupil would have no security, the tutor having it generally in his power to frame the narrative of a deed conceived in his own favours.—See Appendix.
