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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: -
v.
-
27 February 1672 Click here to view a pdf copy of this documet : PDF Copy
There being a reduction pursued of a disposition, made after interdiction lawfully published,—it was alleged for the defender, That the reason was not relevant, unless it were likewise libelled that the party interdicted was hurt and leised.
It was replied, That there was no necessity so to libel, seeing dispositions made by parties interdicted, without consent of these to whom they are interdieted, are ipso jure null; as in the case of a minor having curators, who grants a bond or disposition.
It was Duplied, That it was offered to be proven that the sums of money, for which the disposition was made, were profitably employed to the behoof of the disponer.
The Lords did sustain the duply, and admitted the same to probation; which is the first decision of that kind; the case of persons interdicted, and minors, being always before thought alike.
Page 254.
The electronic version of the text was provided by the Scottish Council of Law Reporting