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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir George Mackenzie, Advocate, v Mr John Fairholm of Craigiehall. [1666] 1 Brn 530 (25 July 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn010530-1383.html
Cite as: [1666] 1 Brn 530

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[1666] 1 Brn 530

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

Sir George Mackenzie, Advocate,
v.
Mr John Fairholm of Craigiehall

Date: 25 July 1666
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In a reduction of a bond, granted by Pluscardin and Loggin, as principals, and Sir George Mackenzie, advocate, as cautioner for his father Loggin, against Mr John Fairholm of Craigiehall; Sir George pursues a reduction of the bond, as to himself, upon these reasons: first, That he was minor the time of his granting the bond. 2do. That all bonds granted by pupils infamilia, who have their father allowed to them by the law to be administrators, are null, if they be granted without their consent; or granted as caution for their administrator; who cannot authorize his own son in rem suam: and subsumes, that he subscribed the said bond, without his father's consent, as administrator to him.
Page 80.

The electronic version of the text was provided by the Scottish Council of Law Reporting