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Scottish Court of Session Decisions >>
Andrew Forsyth v John Anderson. [1631] Mor 8920 (19 December 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor218920-027.html Cite as:
[1631] Mor 8920
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?
Andrew Forsyth v. John Anderson
Date: 19 December 1631 Case No. No 27.
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A minor gives a bond for satisfaction of a decreet obtained against his father, to whom he is heir or executor; the minor craves by summons to be restored against his bond. It is excepted, That he cannot crave restitution, because by the bond he receives no lesion in respect of the decreet obtained against his father for the debt which he must be subject to pay as heir or executor. The Lords found he could not be restored, if the debt was certain whereunto he was obliged before the bond, which must be proved scripto vel juramento.
