[1706] Mor 14966
Subject_1 SUMMARY APPLICATION.
Date: A
v.
B
16 July 1706
Case No.No. 4.
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Some tutors to a minor gave in a petition, craving the Lords authority to a sale of some of their pupil's lands, lying in Anstruther, seeing the necessity of debt was evident, and the smallness of the subject could not bear a process. The Lords rejected the bill, as irregular, and found minors' lands could not be sold judicially, but upon a cognition and trial, comparing the rental and debts, and that by way of process only, and not summarily on a bill; and thought the drawers of such informal petitions, contrary to our fixed stiles and customs, deserved to be reprimanded and rebuked.
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