The Lords reduced a bond of caution signed by a minor, though he wanted only twelve or eighteen hours of majority.
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In an action of suspension betwixt Dummond and Cunningham-head, wherein Cunningham-head being charged upon his obligation, as cautioner for Patrick Sommerville, to pay 1000 merks, which being suspended, as being subscribed by him, being then minor, having curators, without their consent; and this reason being elided by an answer, That he was major at the date and time of the subscribing of the bond; which being admitted, it was found by the probation, that he wanted 12 or 18 hours, or at the most a day of his years of majority, when he subscribed the bond foresaid, and for that inlake they found the bond null; for the Lords found, That in this, and the like cases, the account behoved to be made de momento in momentum, for he was born upon the 24th November 1601, and the bond was subscribed upon the 23d November 1622.
The Lords also found, That where a renunciation to enter heir is subscribed by a minor, with consent of his curators, the curators are not restricted to be bound as cautioners for the minor, or otherwise to become obliged for him to warrant that deed, and that they are no further obliged, but to consent.
Act. Nicolson.Alt. Cunninghame.Clerk, Hay.
Fol. Dic. v. 1. p. 236. Durie, p. 130.
