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James Justice, as having right to a bond of 6000 merks, due by the Earl of Queensberry, pursues the Earl, and the Lord Drumlanrig, his son, as taking his estate, with the burden of his debt, to pay it; who alleged, No process, because the pursuer's right was an assignation, granted by a tutrix, not bearing in name of the pupil, or as tutrix, in his name, because, being in infancy, he could not subscribe; but bearing to be done by her, as taking burden for the pupil.
The Lords found the assignation not formal, not bearing the pupil disponer with his tutrix; but yet found the letters orderly proceeded, the charger, before extract, producing a ratification by the pupil and tutrix, formally done.
