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Andrew Chalmers v Robert Ker. [1694] 4 Brn 174 (26 June 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040174-0396.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Andrew Chalmers v. Robert Ker
Date: 26 June 1694
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Mersington reported Andrew Chalmers, against Robert Ker, in Dysart. The Lords adhered to their former interlocutor, and found the minute of contract obligatory; and that the craving the pursuer's oath of calumny supplied the nullity of the not-designation of the writer and witnesses, if he acknowledged the subscription; and that a minor, with his curators, might lawfully dispone lands, unless he could subsume lesion.—See Durie, 2d February 1630, Hamilton. And found, that the reference in the minute to my Lord Kinglassie, was not a submission, but only anent the extending of the securities; and he being dead, the Lords now come in his room, tanquam boni viri, to arbitrate the differences between the parties. And referred to the reporter to hear the parties' procurators farther, if the bargain could be yet perfected, or was become imprestable: as also, what warrandice he was to get for the lands disponed; and, if it was needful, to ordain Ker to give him real warrandice out of the lands of Strathoar, which was the remanent of their debtor's estate.
