Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. IV.

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

Saltcoats
v.
The Justice-Clerk

Date: 8 February 1623
Case No. No 69.

A minor cannot discharge a bond, even with consent of curators, without payment made.

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Saltcoats being bound as cautioner to the Justice-Clerk, to infeft Mr William Kellie in lands redeemable upon 3000 merks, and to pay the principal upon requisition, charged the Justice-Clerk to relieve him of his cautionry. The Justice-Clerk suspended, upon an acquittance made by his daughter, (who was assignee to Mr William Kellie), authorised by himself as lawful administrator to her. Saltcoats alleged, That in effect the offer was, that the Justice-Clerk should discharge himself, and that the daughter might revoke the discharge, and annul the acquittance given to the cautioner, without payment. In respect whereof, the Lords found not the discharge sufficient.

Fol. Dic. v. 1. p. 577. Haddington, MS. No 2753.