[1611] Mor 2728
Subject_1 COMPETENT.
Subject_2 SECT. XIII. Want of Consent of Curators how Proponable.
Date: Gilbert Moncrieff
v.
Patrick Craig
24 January 1611
Case No.No 55.
A cautioner being charged upon a liquid bond, it was found competent by exception, that his subscribing as cautioner was null, being without his curator's consent.
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He who being minor, and having curators, became caution for a debt in a bond, the same being registered, and he charged, suspended upon the nullity of his bond in respect of his minority, and want of his curator's consent; the same will be found relevant; and because his minority cannot be proven instantly, and therefore he will get a term for probation of the reasons of his suspension.
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