Minor's privileges. - Oath. - Process at a minor's instance to sell land for payment of his debt. - Privilegiatus contra privilegiatum. - How far liable for goods and money furnished to him. - And for money borrowed by his tutor. - May chuse the place of his residence. - Entitled to examine the state of his affairs. - Can a minor pupil contract marriage? - Can a minor be a tutor? - An arbiter? - or a Commissioner of Supply?
Stodart v. L Cockilferrie.
Date: 13 July 1632 Case No. No 28.
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One Stodart having recovered a sentence against Cockilferrie for a sum owing by his bond made thereupon to this Stodart, in his own name, albeit he acknowledged the monies to pertain to —— his minor, to whom he was curator; and immediately after the decreet, the minor becoming major, Cockilferrie obtains a discharge in his majority from him of this sum; and thereupon Stodart suspends and desires to be freed of the sentence obtained by Stodart; which reason and discharge produced was not allowed, but Stodart's decreet was ordained to have effect; seeing after the sentence, the defender could not transact nor pay the minor, albeit then major, in prejudice thereof; for it might be, that Stodart the curator, in his curator-compts, would be found super-expended, and so had just reason to intromit with the minor's monies; and after sentence the debtor could not be reputed to have done bona fide to deal with any party without him, at whose instance sentence was recovered against him.
