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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Blantyre v Walkinshaw. [1667] Mor 8991 (2 July 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor218991-114.html
Cite as: [1667] Mor 8991

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[1667] Mor 8991      

Subject_1 MINOR.
Subject_2 SECT. VII.

Lesion in extrajudicial proceedings.

Lord Blantyre
v.
Walkinshaw

Date: 2 July 1667
Case No. No 114.

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In a reduction, the Lord Blantyre contra Walkinshaw, ex capite minoritalis, It was found, that the granting of a bond, though with consent of curators, being persons above all exceptions, was lesion; and that it was not sufficient to allege that the money was actually delivered to the curators, or to the minor in their presence, unless it were also alleged that it were converted to his use.

This seemeth hard, for the borrowing of money by the minor whose affairs may require the same, was not lesion, but the misimploying of it, which is the fault of the curators.

Fol. Dic. v. 1. p. 580. Dirleton, No 88. p. 36.

*** Stair's report of this case is No 76. p. 2215., voce Citation.

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/1667/Mor218991-114.html