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[1739] Mor 8965      

Subject_1 MINOR.
Subject_2 SECT. IV.

What a Minor cannot do even with consent of his Curators.

Williamson
v.
Fraser

1739. December.
Case No. No 79.

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Found, that a minor, who had submitted with consent of his curators, in a case, which of its nature was pretty much involved in fact, utebatur jure communi, and could not be heard to quarrel the decreet arbitral upon iniquity; and in the reasoning, taken for granted, that he might with their consent have transacted.

It might be very prejudicial to minors, if in such cases especially as are proper subjects of transaction, yet they could not terminate them by submission or transaction; yet, if an enorm lesion should appear, it is not doubted but the minor would be reponed.

Fol Dic. v. 4. p. 3. Kilkerran, (Minor.) No 3. p. 347.

*** Clerk Home's report of this case is No 68. p. 665. voce Arbitration.

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/1739/Mor218965-079.html