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In a reduction, the Lord Blantyre contra Walkinshaw, ex capite minoritalis, It was found, that the granting of a bond, though with consent of curators, being persons above all exceptions, was lesion; and that it was not sufficient to allege that the money was actually delivered to the curators, or to the minor in their presence, unless it were also alleged that it were converted to his use.
This seemeth hard, for the borrowing of money by the minor whose affairs may require the same, was not lesion, but the misimploying of it, which is the fault of the curators.
Fol. Dic. v. 1. p. 580. Dirleton, No 88. p. 36.
*** Stair's report of this case is No 76. p. 2215., voce Citation.
