[1621] Mor 2728
Subject_1 COMPETENT.
Subject_2 SECT. XIII. Want of Consent of Curators how Proponable.
Date: Clerk
v.
L Balgony.
7 December 1621
Case No.No 56.
A minor was not allowed to propone, by way of exception, that he having curators had entered to his predecessors without their consent.
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The L. Balgony being pursued at the instance of one Clerk as heir to his father; and, for instructing of him to be heir, there was an service produced, against the which it was alleged for the Laird of Balgony, by Mr Andrew Ayton his procurator, That the same was null, being a service purchased by the defender, who was at that time minor, and as yet, and then having curators, without whose consent the service was deduced; and therefore it could not verify him to be heir.——The Lords repelled the allegeance, albeit it was offered instantly to be proven, in respect of the service standing, but prejudice to reduce the same, prout de jure.
Act. Baird. Alt. Ayton.
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