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Scottish Court of Session Decisions >>
Mr John Henryson of - , v James Henryson of Fordel. [1548] Mor 8913 (9 June 1548)
URL: http://www.bailii.org/scot/cases/ScotCS/1548/Mor218913-013.html
Minor's privileges. - Oath. - Process at a minor's instance to sell land for payment of his debt. - Privilegiatus contra privilegiatum. - How far liable for goods and money furnished to him. - And for money borrowed by his tutor. - May chuse the place of his residence. - Entitled to examine the state of his affairs. - Can a minor pupil contract marriage? - Can a minor be a tutor? - An arbiter? - or a Commissioner of Supply?
Mr John Henryson of - , v. James Henryson of Fordel
Date: 9 June 1548 Case No. No 13.
The King may dispense with the minority of a tutor in law, and may charge the inquest to serve him notwithstanding the act 51. Parl. 1474.
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Na persoun may be ane tutor to ane pupill be the law of this realme, except he be of 25 zeiris compleit; zit nevertheless, albeit he be within the said age, and zit of sufficient judgment and qualiteis, the King may dispense with him tuiching his les age; and gif he be tutor of law, the King may charge all persounis that sall happin to pass upon the inqueist for service of the brief of tutorie, to serve him tutor, notwithstanding of his les age; certifying thame, that throw doing of the samin thay sall incur na danger or errour thairthrow.
Fol. Dic. v. 1. p. 576. Balfour, (Tutor.) No 21. p. 118.
