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Scottish Court of Session Decisions >>
Somerville v Her Father's Creditors. [1625] Mor 8905 (24 June 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor218905-005.html
Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
Somerville v. Her Father's Creditors
Date: 24 June 1625 Case No. No 5.
Personal execution for debt against a woman past 14 years of age was superseded.
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Jean Somerville daughter to umquhile Samuel Somerville burgess of Edinburgh, being charged to pay a sum, wherein her said umquhile father was cautioner for Patrick Somerville, which Patrick was brother to her father, and tutor to her, after her father's decease; and which Patrick becoming bankrupt, the said Jean being charged to pay, she suspends, and desires, seeing she is a minor, and that her father was only a cautioner for that principal debtor, who sinsyne became her tutor; and so seeing she is distrest for her tutor's debt, therefore that she might be free of any personal execution to be used against her by caption, or warding of her person during her minority. The Lords superseded all personal execution of caption and warding of the person of the said Jean, for the space of a year after this date; after the expiring whereof, they would consider, if any further prorogation should be granted, but prejudice of all other lawful execution against her goods and lands; this woman was past 14 years of age.
