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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carnoussie v Auchanachie. [1622] Mor 9455 (30 July 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor2309455-007.html
Cite as: [1622] Mor 9455

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[1622] Mor 9455      

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. III.

Parents, Tutors, &c. taking money under the name of a Gratification.

Carnoussie
v.
Auchanachie

Date: 30 July 1622
Case No. No 7.

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In a suspension raised by Carnoussie, the Lords found a bond of five hundred merks unlawful, which Auchanachie had taken from Carnoussie for his furtherance of the block of Pittindreich, pertaining to Auchanachie's sister's son, who was interdicted to him; because an interdictor should take no profit for any block of land pertaining to the man interdicted to him. And albeit the bond did bear borrowed money, yet Auchanachie was made to swear the true cause, which being confessed as said is, the letters were suspended simpliciter.

Fol. Dic. v. 2. p. 20. Haddington, MS. No 2664.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor2309455-007.html