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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Taylor v Hart. [1632] Mor 2732 (27 January 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor0702732-063.html
Cite as: [1632] Mor 2732

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[1632] Mor 2732      

Subject_1 COMPETENT.
Subject_2 SECT. XIV.

Minority and Lesion how Proponable.

Taylor
v.
Hart

Date: 27 January 1632
Case No. No 63.

The Lords received minority and lesion by way of exception, the sum in question being only L. 80 Scots.


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Taylor pursues Hart upon his bond. The defender alleges the bond was given by him for the price of a horse the time of his minority, as he was yet minor, without consent of his curators. It is replied, That this defence is not competent by way of exception, but the minor must reduce. The Lords, in respect of the sum, which was but L. 80, ordained the minor to allege his lesion, and received the same by way of exception.

January 31.—And in the same cause, because the minor being a young man of 17 years of age, bought the horse in a market, and kept and used him, the Lords repelled the exception of minority. See Minor.

Fol. Dic. v. 1. p. 175. Auchinleck, MS. p. 136.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor0702732-063.html