Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: Pennicuik, Chirurgeon
v.
Hay
2 July 1670 Click here to view a pdf copy of this documet : PDF Copy
This was a charge on a bond. The reason of suspension is, The bond is null; it wants witnesses. Answered, he produces also the suspender's letter, acknowledging the debt. Replied, the letter laborat eodem vitio, and so cannot prove. Duplied, he refers the truth of the subscription to the suspender's oath. This was found relevant.
The second reason is, That as a bond granted by a minor having curators without their consent is null, so a bond granted by a minor in familia paterna without his father's consent: but such is this bond. Answered, denies he was minor; 2do, esto, he had been then minor, he can never be free of this bond, because it is offered to be proven it was granted for medicaments furnished by the charger to the suspender in his sickness.
The Lords assign a term to the suspender to prove he was then minor; and though that were proven yet they will sustain the bond pro tanto as shall be proven furnished.
Act. Dinmuire. Alt. Yeoman.
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