[1622] Mor 9455
Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. III. Parents, Tutors, &c. taking money under the name of a Gratification.
Date: Carnoussie
v.
Auchanachie
30 July 1622
Case No.No 7.
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In a suspension raised by Carnoussie, the Lords found a bond of five hundred merks unlawful, which Auchanachie had taken from Carnoussie for his furtherance of the block of Pittindreich, pertaining to Auchanachie's sister's son, who was interdicted to him; because an interdictor should take no profit for any block of land pertaining to the man interdicted to him. And albeit the bond did bear borrowed money, yet Auchanachie was made to swear the
true cause, which being confessed as said is, the letters were suspended simpliciter.
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