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Scottish Court of Session Decisions >>
Sir William Hamilton of Preston v The Laird of Lamington. [1678] Mor 8949 (9 January 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor218949-062.html Cite as:
[1678] Mor 8949
Sir William Hamilton of Preston v. The Laird of Lamington
Date: 9 January 1678 Case No. No 62.
Found in conformity with Macadam against Lag, No 49. p. 8938.
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Lamington suspends a bond on this reason, That it was granted by him, having creditors, without their consent.—Answered, He was not lesed, for it was for an onerous cause, a debt of his goodsir's, to whom he is now served heir.— Replied, He needs not say lesion, when the deed is ipso jure null; 2do, He was not then served heir, and so they had no ready execution.——The Lords found a minor, having creditors, might validly grant a bond without their consent, when he was not lesed; but assoilzied him from all annualrents of the land preceding his service; but the reason was, because the service here was not for many years after the grandfather's death.
