Minor's privileges. - Oath. - Process at a minor's instance to sell land for payment of his debt. - Privilegiatus contra privilegiatum. - How far liable for goods and money furnished to him. - And for money borrowed by his tutor. - May chuse the place of his residence. - Entitled to examine the state of his affairs. - Can a minor pupil contract marriage? - Can a minor be a tutor? - An arbiter? - or a Commissioner of Supply?
Laird of Barnbugil v. Hamilton
Date: 12 February 1567 Case No. No 15.
A minor was restored against alienation of lands although he had given his oath never to come in the contrary.
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In the action against David Hamilton, for restitution in integrum, of certain lands anailzied by the foresaid Laird of Barnbugil, in his minority, to the said David; it was alleged by the said David, That the said Laird should not be restored, because he had sworn by his oath to observe and keep the said alienation, and never come in the contrary thereof. It was alleged by the said Laird, That he should be restored notwithstanding of the said oath, because the said oath was given in his minority, likeas when the said alienation was made he might have been circumvened and induced to make the same in his minority, sicklike he might have been induced to make the said oath; and also it has been the practice wherefore such oaths have been objected in diverse matters and repelled; which allegeance of the said Laird was admitted, in respect of diverse practicks of before, notwithstanding the allegeance of the said David.
