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Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XV.
Tutors and Curators.
Edgar v. Jackson
Date: 8 January 1612 Case No. No. 81.
In an action between a minor and the heir of one of his three tutors, the defender was found liable only for a third of the goods belonging to the pursuer, unless the pursuer would prove his intromission with the goods claimed.
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In an action of count and reckoning, pursued by the son and heir and executor of umquhile Captain Edgar, against John Jackson, son and heir of umquhile John Jackson, who was one of the tutors of the said Edgar, pursuer, the Lords found, That no process could be granted for count and reckoning of the testate goods for a third, because that pertained to the relict; that no count and reckoning could be granted for another third, because there was another executor; and the pursuer, having three tutors, could not pursue this defender, but for a third of the goods belonging to the pursuer, unless he would expressly prove John Johnston's particular intromission with the goods acclaimed.
