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Scottish Court of Session Decisions >>
M'Adam v Laird of Lag. [1605] Mor 8939 (24 July 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor218939-049.html Cite as:
[1605] Mor 8939
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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.
