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Scottish Court of Session Decisions >>
Lockhart v Lockhart. [1626] Mor 8958 (25 July 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor218958-070.html Cite as:
[1626] Mor 8958
What a Minor cannot do even with consent of his Curators.
Lockhart v. Lockhart
Date: 25 July 1626 Case No. No 70.
A discharge, granted by a minor, without an onerous cause, was found null, although she might have disponed the sum in testament.
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One Marion Lockhart having given discharge to Lockhart of Bar of a sum of money, wherein the father of the said Lockhart of Bar was obliged to the said Marion; the said Marion pursues an action of restitution in integrum against the said discharge, by reason the same was done in her minority, having neither received money nor other good deed; which action was sustained, notwithstanding the defender alleged, that this action could not be sustained, except the pursuer would allege, that the said discharge was given by her sub spe numerandæ pecuniæ, which followed not, or that the defender promised her payment, and hath not done the same, without which the action ought not to be sustained; for, as a minor, past twelve years of age, might make a testament, so also she might lawfully at that age dispone upon that sum, or discharge it. This allegeance was repelled, and the reason found relevant.
