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In an action, Gordon of Butle against Earl of Galloway, for payment of a sum contained in the Earl of Galloway's obligation, which he alleged to be null, being made in his minority, having then curators, without their consent; the Lords sustained the obligation; because it was alleged and replied, that the money was actually delivered, and received by the said defender, and was converted by him to his utility and profit, which was admitted to sustain the obligation.
Act. Nicolson & Hope.Alt. Neilson.Clerk, Gibson.
Fol. Dic. v. 1. p. 576. Durie, p. 473.