Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. III.

What a Minor can do without Consent of Curators.

Sir William Hamilton of Preston
v.
The Laird of Lamington

Date: 9 January 1678
Case No. No 62.

Found in conformity with Macadam against Lag, No 49. p. 8938.

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Lamington suspends a bond on this reason, That it was granted by him, having creditors, without their consent.—Answered, He was not lesed, for it was for an onerous cause, a debt of his goodsir's, to whom he is now served heir.— Replied, He needs not say lesion, when the deed is ipso jure null; 2do, He was not then served heir, and so they had no ready execution.——The Lords found a minor, having creditors, might validly grant a bond without their consent, when he was not lesed; but assoilzied him from all annualrents of the land preceding his service; but the reason was, because the service here was not for many years after the grandfather's death.

Fol. Dic. v. 1. p. 576. Fountainball, MS.