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Captain Wilson and his Spouse v Fowlis of Ratho, the Curator's Heir. [1688] Mor 16312 (10 July 1688)
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Captain Wilson and his Spouse v. Fowlis of Ratho, the Curator's Heir
Date: 10 July 1688 Case No. No. 227.
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Found that tutors or curators are obliged to employ moveable debts, or annual-rents of sums, or bonds uplifted by them during their office, upon annual-rent, within a year after their uplifting of the same, and that, e contra, they ought to have allowance for what they expend in alimenting the pupil, or in paying of his debts or annual rents; 2do, Found that a tutor, at the expiring of his office, is obliged to stock the whole unuplifted annual-rents due before, conform to ancient practique; but that curators, after expiring of the curatory, are not obliged to stock unuplifted annual-rents, they being liable for the responsableness of the debtors, or for diligence; 3tio, Found, that where tutor or curator are debtors to their minor, they are to be countable for the annual-rent due by themselves, as for annual-rent actually uplifted from other debtors; and the Lords declared they would so determine in time coming.
Harcarse, No. 998. p. 282.
*** Fountainhall's report of this case is No. 43. p. 505. voce Annual-Rent.
