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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Campbell v Catharine Chalmers. [1634] Mor 16263 (20 December 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor3716263-129.html
Cite as: [1634] Mor 16263

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[1634] Mor 16263      
Subject_1 TUTOR - CURATOR - PUPIL.

George Campbell
 v.
Catharine Chalmers

 Date: 20 December 1634
Case No. No. 129.

Custody of the pupil.

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George Campbell, tutor dative to Charles Campbell, pursued Catharine Chalmers, mother to the pupil, for delivery to him of the pupil. Alleged, He could not be delivered to the pursuer, because he had chosen curators. Replied, The act of curatory was null, in respect the minor was yet within pupillarity, which he offered to prove by the mother's oath, by whose means the curators were chosen only to defraud the tutor. Duplied, Her oath cannot be taken in prejudice of the curators, who are not called here, neither can the act of curatory be taken away hoc ordine, but it must be reduced. The Lords repelled the allegeance, in respect of the reply.

 Spotiswood, p. 348.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor3716263-129.html