Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. III.

What a Minor can do without Consent of Curators.

M'Adam
v.
Laird of Lag

Date: 24 July 1605
Case No. No 49.

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M'Adam pursued the Laird of Lag for registration of an obligation of 500 merks. It was excepted, The obligation could not be registered, because it was null, being made by him, being minor, having curators, without their consent. It was replied, That the sum therein contained was applied profitably for the behoof and utility of the defender, for the redemption of his land. It was answered, That the obligation was null of the law; and, therefore, the party could not be held to dispute upon utility or lesion; notwithstanding whereof, the Lords repelled the allegeance, in respect of the reply.

Fol. Dic. v. 1. p. 576. Haddington, MS. No. 942.