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Scottish Court of Session Decisions >>
Graham v Stewart and Balfour. [1612] Mor 7126 (22 February 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1707126-002.html Cite as:
[1612] Mor 7126
A bond granted by an interdicted person to one of his interdicters, was found reducible, although the interdiction was not published.
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By contract of marriage, a simple man having interdicted himself to his goodfather, the bonds and securities made by him thereafter to his goodfather were found reducible ex capite interdictionis, albeit no publication had passed thereupon; because, the Lords thought publication only necessary to certify the lieges who knew not the interdiction; but those who were contractors in the contract which contained the bond of interdiction, could pretend no ignorance thereof. They found also, that, in reduction of a contract or bond made to the interdicter, the person interdicted might pursue without concurrence of the remanent persons to whom he was interdicted.
