Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Mr George Scott
v.
Mr John Eleis

Date: 5 December 1671

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In a reduction of a bond, granted by the said Mr George, for the sum of 1100 and odd pounds, as the balance of an account, upon this reason, That since Mr John was tutor to the pursuer, and that within three months after his majority, and ante redditas rationes, he did offer him an account, when he was upon his contract of marriage, refusing to go along with him, unless he would grant bond for the balance thereof; whereas the articles themselves of the account were most unjust, and such as ought not to be allowed, and wherein the pursuer was circumvened;—it was answered, That the pursuer being major, sctens et prudens, and having the account given him to advise the same for several weeks, he cannot be heard to reduce the same ex capite fraudis.

The Lords did assoilyie from the reason; but superseded all execution for payment until the pursuer should insist in his count and reckoning against the said Mr John, that it might be found if he had as much in his hands as would satisfy and compense the said bonds.

Page 209.