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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Farquhar v. Farquhar
Date: 4 January 1668
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Patrick Farquhar being engaged in several sums of money, as cautioner for Sir Robert Farquhar, he raises reduction of these bonds as done by him in his minority and to his lesion.
Alleged, Esto he were minor and lesed, yet after he was major he had homologated these bonds, in so far as he was pursuing Sir Robert, the principal, his heirs, for his relief, and had gotten decreet cognitionis causa, and was to adjudge his estate therefore.
Answer,—Nothing could be called a homologation but an express approbation, or payment of annualrent, after he was major: because the event of the reduction might be dubious, and might take a time before it might be closed; and in the interim, the other creditors might prevene him in diligence, and prejudge him of his relief.
This was not decided. Nor do I remember that ever that point came to be debated before, If a major's craving relief of a debt contracted by him in his minority will import an homologation.
In this same process, found that women could not be adduced to prove minority. Likeas there was a joint probation allowed to the pursuer and defender.
