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Scottish Court of Session Decisions >>
Johnston v - . [1577] Mor 8905 (16 December 1577)
URL: http://www.bailii.org/scot/cases/ScotCS/1577/Mor2108905-003.html Cite as:
[1577] Mor 8905
Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
Johnston v. -
Date: 16 December 1577 Case No. No 3.
A pupil cannot be imprisoned for his father's debt.
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There was one Johnston, pupil in Edinburgh, and a burgess, who was warded in Edinburgh conform to the use of burgh for his father's debt. He desired, by supplication, to be freed forth of ward, because he was pupil and minor within the age of 12 years, and the holding of him in ward stopped him to be brought up in virtue and knowledge, and alleged he was not able in bonis mobilibus to make payment, yet he had lands within burgh which might be apprised. It was answered thereto, His lands were his mother's in conjunct fee of the same; and notwithstanding he was minor 12 years, and was holden from the schools, yet ex jure naturali neque minor neque quivis alius debet locupletari cum alterius jactura. The Lords nevertheless decerned the minor to be freed of the ward; they followed the practique before of a minor being in ward who offered cessionem benorum.
