Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. III.

What a Minor can do without Consent of Curators.

Seton
v.
L Caskieben.

Date: 21 March 1622
Case No. No 50.

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In an action pursued by Mr George Seton against the Laird of Caskieben, the Lords found, that a tack taken by Caskieben, a minor, without consent of his curators, was as null as if he had made a disposition without their consent; because, his acceptation of that tack, if it should stand, would prejudge him of a valid tack for more years, and a less duty, which he had before.

Fol. Dic. v. 1. p. 576. Haddington, MS. No. 2620. *** Kerse reports this case.

The Lords found an exception of a tack by a minor, who had another right in his person standing, being done without consent of his curators, null ipso jure.

Kerse, MS. fol. 146.