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Scottish Court of Session Decisions >>
Executors of Kinnier v Executors of Adam Rae. [1623] Mor 8918 (28 January 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor218918-022.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?
Executors of Kinnier v. Executors of Adam Rae
Date: 28 January 1623 Case No. No 22.
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The executors of umquhile James Kinnier writer, who had written, and formed diverse writs and securities to umquhile Adam Rae, pursues the executors, and bairns of the said umquhile Adam, for payment to them, of the prices of the said writs, and referred to their oaths the summons, viz. both anent their knowledge of the said umquhile James's forming, and writing to the said umquhile Adam their father, diverse writs and securities; and also to their knowledge, that the same remained yet unpaid. The Lords found, that the defenders ought not to be compelled to give their oaths, albeit the pursuers referred the knowledge of the debt, that it was true, and that it remained unsatisfied as yet, to their oaths, seeing they were minors the time of the forming and making of the said writs, and could not have knowledge thereof, neither could they have knowledge, nor depone, whether it was paid or not.
