BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Justice v Earl Queensberry. [1664] Mor 16269 (17 June 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor3716269-139.html
Click here to view a pdf copy of this documet : PDF Copy
James Justice, as having right to a bond of 6000 merks, due by the Earl of Queensberry, pursues the Earl, and the Lord Drumlanrig, his son, as taking his estate, with the burden of his debt, to pay it; who alleged, No process, because the pursuer's right was an assignation, granted by a tutrix, not bearing in name of the pupil, or as tutrix, in his name, because, being in infancy, he could not subscribe; but bearing to be done by her, as taking burden for the pupil.
The Lords found the assignation not formal, not bearing the pupil disponer with his tutrix; but yet found the letters orderly proceeded, the charger, before extract, producing a ratification by the pupil and tutrix, formally done.
