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Scottish Court of Session Decisions >>
Learmonth v Leslie. [1586] Mor 16235 (00 November 1586)
URL: http://www.bailii.org/scot/cases/ScotCS/1586/Mor3716235-062.html Cite as:
[1586] Mor 16235
The authority and consent of curators to the minor's contracting may be interponed, (contrary to the common law) etiam ex intervallo.
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Mr. John Learmonth, son to Laird of Balcomie, pursued Euphan Leslie his mother, to hear and see a letter of tack of his lands called Northbardie, as done by him in his minority to his great hurt and lesion, the said land being worth 12 chalders victual, and set for £.40 of duty. The first part of the reason of the summons was, that the consent of his curators was not duly interponed thereto, because they consented not presently, et in ipso actu negotii; but by a long space afterward, and of the law, in lege 9, £ 5. D. De auctor itate et consensu tutorum vel curatorumt tutor statim in ipso negotio presens debet auctor fieri; and so of the law the consent of the tutor ought to have been interponed in ipso actu negotii et non ex intervallo. The Lords, after long reasoning, found the first part of the reason of the summons founded upon that head, that the consent of the curators waa ex intervallo interponed was not relevant, and that it might stand that the consent of the curators might follow ex intervallo.
