Scottish Court of Session Decisions

Subject_1 MINOR.

Turnbull
v.
Richardson

1736, June 3.
Case No. No. 4.

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A reduction ex capite minorennitatis being pursued of a bond and bill granted by a defunct, which reason of reduction was admitted to probation, with a defence that they were granted for clothes furnished to the defunct;—the minority was fully proven; and for proving the defence three witnesses were adduced, one a tailor, who deponed pretty distinctly upon the furnishings; the other two deponed upon some furnishings in general; and two other accounts were produced of the furnishings in 1713 and 1715, the one agreeing exactly with the sum in the bill, and the other with the sum in the bond; the Lords in absence of the defender sustained the defence, the defender giving his oath in supplement, because the proof was necessary only to astruct the onerous causes of these debts, though it would not have been sufficient to constitute a debt.