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[1630] 1 Brn 304      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

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Date: 26 January 1630

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An incident being sought for proving of an exception of payment, by discharges granted to the defender's father, which were alleged either to be in the hands of the persons that were tutors and curators to the defender, or in the hands of him that got the gift of the defender's ward; —to which it is answered, That now the defender is not minor, but major, and thir discharges ought to be accounted his own evidents, and he should have, since his perfect age, sought and recovered them, and therefore ought not now to have an incident. The Lords would not sustain an incident, but granted to the defender a long day, he making faith that he had not the alleged discharges.

Page 101.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010304-0793.html