[1624] Mor 9456
Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. III. Parents, Tutors, &c. taking money under the name of a Gratification.
Date: Rossie
v.
Her Curators
24 July 1624
Case No.No 8.
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Suspension of a registered bond of 200 merks of principal, and L. 40 of expenses: Ratio, no money received, nor good deed, and the man suspender who is cautioner, and the woman is principal, being to marry together, as now they are married, the charger, at the least his father to whose behoof the bond was made, being curator to the woman, would not deliver the woman's evidents till he got this bond, which was no just cause of the bond, and so the bond is given ob instrumenta deposita reddenda, which is a shameful cause; and refers this to their oaths, father and son.
Find the reason relevant, and grant letters to warn them to give their oaths.
Clerk, Durie.
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