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Scottish Court of Session Decisions >>
Forbes of Gask v L. Pitsligo. [1628] Mor 12479 (1 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2912479-326.html Cite as:
[1628] Mor 12479
Administrator's Oath, if relevant against his Constituent?
Forbes of Gask v. L Pitsligo.
Date: 1 July 1628 Case No. No 326.
Found relevant to be proved by the oath of a minor, but not of his curators, that at taking a bond, it had been agreed to abate part of the sum.
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Pitsligo and his curators having charged Forbes of Gask, for payment of a sum contained in his bond given to the minor, and suspension being raised upon this reason, that the minor and his curators knowing that a part of the sum was not a just debt, they, at the subscribing of the bond, promised not to seek the same, but to discharge him thereof; and referred this to the minor's oath, and curators; and the curators being all absent, and the minor present, and offering to give his oath, and the suspender contending, that his oath could not be given while his curators were present, who might call him to remembrance of the promise, and of the reasons thereof; the Lords ordained the minor's oath to be presently taken, without delaying of the same, while the curators were present; for if they were present, and should confess the promise, yet the minor could not thereby be hurt, if he would not acknowlege the same.
Act. Hay.Alt. Mowat.Clerk, Gibson.
Fol. Dic. v. 2. p. 238. Durie, p. 379.
*** Auchinleck's report of this case is No 26. p. 8920, voce Minor.
