Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
- v. Murray
Date: 31 January 1677 Case No. No 8.
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There being a decreet obtained, against Patrick Murray, an infant of four years old, as charged to enter heir to his father,
The Lords decerned against him, but superceded execution till his pupillarity were past, in respect he had no tutor.
Fol. Dic. v. 1. p. 575. Stair, v. 2. p. 501.*** Dirleton reports this case:
A pupil of four years of age, being pursued upon the passive title of a charge to enter heir, and the friends conceiving that it were fit to renounce, none of them being curators, nor being willing to meddle, and to authorise the pupil to renounce; the Lords decerned, but superceded personal execution until the pupil should be past pupillarity.
