Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XIII.

Want of Consent of Curators how Proponable.

Sir John Leslie
v.
Sinclar and Dun

Date: 22 December 1665
Case No. No 60.

Decided in conformity with the above.

Click here to view a pdf copy of this documet : PDF Copy

Sir John Leslie, as assignee constitute by Sir William Dick, to a bond obliging Francis Sinclair as principal, and young Dun as cautioner, to deliver 30 chalders of bear, at 10 merks the boll, Dun alleges absolvitor, because he was minor in familia paterna, and so his father was his curator of law, and therefore his subscribing as cautioner was null, being without his father's consent.—It was answered, The allegeance was not competent by exception, against a clear liquid bond; secondly, That the defence is only competent in the case of curators chosen.

The Lords found the defence competent by way of exception; but before answer to the relevancy, ordained the parties to condescend upon Dun's age the time of his subscription, and whether he did then administrate, or go about any other affairs. See Minor.

Fol. Dic. v. 1. p. 175. Stair, v. 1. p. 329.