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Subject_1 JURISDICTION.
Date: Morison of Craigleith
v.
Stewarts
3 December 1747
Case No.No. 40.
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A debtor to a minor (whose father and administrator-in-law was abroad) in L.1000 sterling, heritably secured, offered payment, and because he could not discharge, presented a suspension and offered to consign. The minor's friends at the same time found a proper debtor to borrow the money. The
Court thought there was no necessity to appoint a curator bonis, and that they could directly authorise the minor to discharge and renounce the former security, the money being at the same time re-employed on sufficient security, and therefore remitted to the Ordinary on the bills to enquire into the sufficiency of the new security. (This was Lord Royston's heir, son to Colonel Stewart.)
The electronic version of the text was provided by the Scottish Council of Law Reporting