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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Dalkeith v John Henrybook. [1728] Mor 16898 (13 February 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor3816898-126.html
Cite as: [1728] Mor 16898

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[1728] Mor 16898      
Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

Earl of Dalkeith
 v.
John Henrybook

Date: 13 February 1728
Case No. No. 126.

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A deed granted by a minor with consent of his curators, being challenged, for this reason, That there were no witnesses to the subscription of the curators; answered, Witnesses are not necessary to the subscription of consenters, but only of principal parties, who are to be bound by the deed. The Lords found the act 1681 was general, and therefore sustained the objection. See Appendix.

 Fol. Dic. v. 2. p. 538.

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/1728/Mor3816898-126.html