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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Tutor of the Children of Francis Ross v Alexander Ross. [1668] 1 Brn 573 (18 July 1668) URL: http://www.bailii.org/scot/cases/ScotCS/1668/Brn010573-1454.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Tutor of the Children of Francis Ross
v.
Alexander Ross
18 July 1668 Click here to view a pdf copy of this documet : PDF Copy
Alexander Ross in Coull having bought some plenishing, which belonged to the bairn of Francis Ross, and given bond of 400 merks therefor to their tutor, in name of the children; thereafter, the said Alexander, upon death-bed, making his latter will and testament, did give up, in the inventory of his debts, that he was due, by bond to the tutor, the sum of 400 merks: Whereupon the tutor did pursue Alexander his executors for payment of the sum, as being given up by the defunct himself.
The Lords would not sustain the testament to be a sufficient title, without production of the bond; because they found it was only an error in the defunct designing the bond to have been given to the tutor proprio nomine; unless the tutor would condescend to prove that the defunct had granted two bonds,—one for the cause foresaid, and another to himself proprio nomine.
Page 14.
The electronic version of the text was provided by the Scottish Council of Law Reporting
