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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gilbert Moncrieff v Patrick Craig. [1611] Mor 2728 (24 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0702728-055.html
Cite as: [1611] Mor 2728

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[1611] Mor 2728      
Subject_1 COMPETENT.
Subject_2 SECT. XIII.

Want of Consent of Curators how Proponable.

Gilbert Moncrieff
 v.
Patrick Craig

Date: 24 January 1611
Case No. No 55.

A cautioner being charged upon a liquid bond, it was found competent by exception, that his subscribing as cautioner was null, being without his curator's consent.

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He who being minor, and having curators, became caution for a debt in a bond, the same being registered, and he charged, suspended upon the nullity of his bond in respect of his minority, and want of his curator's consent; the same will be found relevant; and because his minority cannot be proven instantly, and therefore he will get a term for probation of the reasons of his suspension.

 Fol. Dic. v. 1. p. 175. Haddington, No 2114.

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/1611/Mor0702728-055.html