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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Seton v L. Caskieben. [1622] Mor 8939 (21 March 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor218939-050.html
Cite as: [1622] Mor 8939

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[1622] Mor 8939      

Subject_1 MINOR.
Subject_2 SECT. III.

What a Minor can do without Consent of Curators.

Seton
v.
L Caskieben.

Date: 21 March 1622
Case No. No 50.

Click here to view a pdf copy of this documet : PDF Copy

In an action pursued by Mr George Seton against the Laird of Caskieben, the Lords found, that a tack taken by Caskieben, a minor, without consent of his curators, was as null as if he had made a disposition without their consent; because, his acceptation of that tack, if it should stand, would prejudge him of a valid tack for more years, and a less duty, which he had before.

Fol. Dic. v. 1. p. 576. Haddington, MS. No. 2620. *** Kerse reports this case.

The Lords found an exception of a tack by a minor, who had another right in his person standing, being done without consent of his curators, null ipso jure.

Kerse, MS. fol. 146.

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/Mor218939-050.html