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Mr James Drummond having charged the Baron of Broughton for his fees, conform to his obligation, containing the sum of 200 merks, the Baron suspending, that, at the subscribing of the said obligation, he was minor, having curators, who consented not thereto; the Lords found this allegeance relevant against the reason, that the bond bore to be given to him, who was his Pedagogue, for his fees and service; and that he offered to prove that he was his Pedagogue, and served and attended him, as the bond bore; so that this cause being expressed in the bond, and the verity thereof being proved, which they found probable by witnesses, and found no necessity to refer it to the suspender's oath; they found this sufficient to maintain the bond against the reason of minority, and having of curators not consenting to the bond; seeing the suspender alleged not that his fees were satisfied, and he compensed aliunde by any other.
Act. Primrose.Alt. ——.
Fol. Dic. v. 1. p. 576. Durie, p. 29
