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Scottish Court of Session Decisions >>
L. Cairnoussie v L. Techmurie. [1629] Mor 2181 (17 December 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0502181-012.html Cite as:
[1629] Mor 2181
Who must be Cited in a process against Minors, and who Certiorated in Extrajudicial Steps against them.
L Cairnoussie v. L Techmurie.
Date: 17 December 1629 Case No. No 12a.
In a declarator of redemption against a minor, the Lords found, that the tutors and curators need not generally be warned in the instrument of premonition, since they were specially and nominatim warned.
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Cairnoussie after comprising of lands from L. Philorth, the legal being expired, pursuing a declarator of redemption against Techmurie, to whom the land was wadset before the comprising, by the forbears of him from whom the same was comprised, under reversion; it was found, That the heir of him from whom it was comprised, being publicly infeft in the same lands, needed not to be summoned in this redemption, seeing in effect he was author to the compriser; for having the right of his conventional reversion established in his person, by that comprising, which being a judicial assignation, it behoved to be alike, as if the debtor had made him assignee to that reversion, quo casu he needed not to have summoned his cedent. Item, It was found, That the redemption being against a minor, the tutors and curators needed not generally to be warned in the instrument of premonition, his tutors being specially warned nominatim; but it was found, that the pursuer ought to instruct, that he was tutor, and prove the same cum processu.
Act. Lautie, Davidson, et Baird.Alt. Nicolson et Hay.Clerk, Gibson.
Fol. Dic. v. 1. p. 133. Durie, p. 475.
