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Scottish Court of Session Decisions >>
Maitland v Caschogill. [1623] Mor 8917 (16 January 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor218917-021.html
Minor's privileges. - Oath. - Process at a minor's instance to sell land for payment of his debt. - Privilegiatus contra privilegiatum. - How far liable for goods and money furnished to him. - And for money borrowed by his tutor. - May chuse the place of his residence. - Entitled to examine the state of his affairs. - Can a minor pupil contract marriage? - Can a minor be a tutor? - An arbiter? - or a Commissioner of Supply?
Maitland v. Caschogill
Date: 16 January 1623 Case No. No 21.
Found that a minor might make oath super facto proprio.
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Maitland of Eccles pursued Caschogill, as donatar to his ward, to pay him for his entertainment since the year 1606, to the year 1618. It was excepted by the defender, He should be assoilzied, because the pursuer was all that time entertained by his mother, which he referred to his oath? and that he, by paction with the pursuer's mother, had allowed her yearly some bolls of meal and some money to entertain her son, pursuer, which she had accepted and done, which he referred to her oath. It was replied, That the probation could not divide, but the whole exception behoved to be referred to the pursuer's oath, neither could he be urged to swear, being minor. The Lords found, the exception relevant and probable on the several members, by the oaths of the mother and son, and that he, therefore, albeit minor, might give his oath super facto proprio, especially being eighteen years of age.
