Found that minority might be proved, altho' from the terms of the act of curatory, the party, by caculation of time, would have been major.
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One Bell having charged Wilson for payment of a sum, contained in his obligation, who suspending, that the bond was null, he at the subscribing thereof being minor, and having curators, who has not consented thereto; which being received, and found relevant by way of suspension, he produced his act of curatory, and desired a day to prove his minority. And the charger alleging, that the act of curatory contained in the body thereof, that the minor was at that time of the chusing of his curators past sixteen years complete, whereby the time of the date of the bond, it appears clearly he was more than major; and the other answering, that notwithstanding of that assertion, which if he made it, he was then also minor, and could not know his age, and was it not pertinent to the judge and clerk to insert any such narration in an act of curatory, that yet he might be heard to prove veritatem rei, and that he was minor the time when the bond was subscribed; the Lords repelled this allegeance, and found that the minority might be proved, notwithstanding of the assertion contained in the act of curatory, which if it had been true, he would have been major when the bond was subscribed; and the said declaration contained in the act was not respected.
