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Scottish Court of Session Decisions >>
Forbes of Gask v Laird of Pitsligo. [1628] Mor 8920 (1 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor218920-026.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?
Forbes of Gask v. Laird of Pitsligo
Date: 1 July 1628 Case No. No 26.
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Forbes of Gask is obliged, by his bond, to pay to the Laird of Pitsligo 2,400 merks; the bond is registered and the Laird charges for the money. The defender suspends, alleging, The Laird of Pitsligo and his curators promised to discharge him of 400 merks of the said sum, and referred the same to the Laird's oath of verity and his curators. It is alleged by Pitsligo, That his curators might not depone to his prejudice, and that he was ready to give his own oath. The Lords found the reply relevant, and ordained the Laird to give his oath.
