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Scottish Court of Session Decisions >>
Hamiltons v Hamilton. [1587] Mor 8981 (00 February 1587)
URL: http://www.bailii.org/scot/cases/ScotCS/1587/Mor218981-100.html Cite as:
[1587] Mor 8981
Deeds in minority when ipso jure null, when requiring a restitutio in integrum.
Hamiltons v. Hamilton
1587.
February. Case No. No 100.
A bond granted by a minor without consent of curators, found ipso jure null; and, therefore, though no revocation was made intra annos utiles, the Court found, that he might still object to it.
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Margaret, Jeillis and Janet Hamiltons, daughters natural to umquhile John Hamilton, pursued John Hamilton, their brother, to hear and see a bond registered, wherein the said John being minor annis, was bound and obliged, with consent of his curator, to give to either of his sisters the fee of 500 merks. It was alleged against the registration of the same, that it was null of the law, and therefore ought not to be registered, because it was done the time of his minority without consent of his curators, “ut in L. 3. Cod. De in integrum restitutione minorum.” Answered, That they could not allege the nullity, because lapso utili quadriennio. Answered, That he needed not to make any revocation in respect of the foresaid law; and so was found by the Lords.
