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Scottish Court of Session Decisions >>
L. Rankilor v L. Aiton. [1625] Mor 3707 (26 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor0903707-037.html Cite as:
[1625] Mor 3707
In citing a minor in a process of poinding the ground, it was found sufficient to cite his tutors and curators at the market cross of the head burgh of the shire where the minor dwelt, though neither he nor they dwelt in the jurisdiction where the lands lay.
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In an action of poinding of the ground for an annualrent, pursued by the Laird of Rankilor against the Laird of Aiton, who was a minor, and was convened with his tutors and curators generally, who were summoned at the market-cross of the head burgh of the sheriffdom where the minor had his actual remaining and being, and at the which the minor's self was summoned, was sustained by the Lords, and found it a sufficient citation of the minor's tutors and curators; neither was it found necessary, that the tutors and curators should be summoned at the head burgh of the Sheriffdom within the which themselves dwelt, nor that they or the minor himself should be summoned at the market-cross of the head burgh of the regality, or the stewartry, within the which the lands lay, which were desired to be poinded; so that the citation of the minor, and of his tutors and curators, generally used at the market-cross of the head burgh of the Sheriffdom within the which the minor dwelt, was sustained, seeing the minor dwelt not then within the regality. See No 41. p. 3709.
Act. Lermonth.Alt. Aiton.
Fol. Dic. v. 1. p. 260. Durie, p. 181.
