Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MINOR.
Subject_3 A female, just twelve years of age, to whom her mother, and several other persons, had, by her father, been named curators, at liberty, in opposition to the latter, to accompany her mother to a foreign country, with the purpose of residing there.

Mrs Elizabeth Graham
v.
James Erskine, Esq and Others.

Date: 23 June 1780

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[Dict. 8934; Supplement, V. 635.]

Covington. Curators are named for the administration of effects. A minor is sui juris as to the disposal of his or her person, and no court of justice can interpose.

Gardenston. Minors have power to marry, and consequently have all lesser powers regarding their persons.

Kaimes. If the age of puberty was not defined, I should have difficulty: the right of marrying at twelve is monstrous in our climate: yet so stands the law.

Justice-Clerk. The only meaning of the father was, to give curators to the children for the management of their effects. Where there is eminent danger to the person or morals of the minor, the Court may interpose by its nobile officium; but here there is no occasion for any such interference.

[He added a declamatory eulogium on the character of Mrs Graham, who he called Mrs Craufurd, an eulogium which might be very just, but which was nothing to the purpose, as there was no question respecting her character.]

Braxfield. The father did not mean to prolong the term of pupillarity, neither could he: the curators might object to any thing that might occasion extraordinary expense, but that is not said here.

Monboddo. I am sorry that the law cannot interpose.

On the 23d June 1780, “The Lords repelled the reasons of suspension, and removed the interdict.”

Act. A. Crosbie. Alt. Ilay Campbell. Reporter, Braxfield.