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Scottish Court of Session Decisions >>
The Laird of Ottar v M'Calister of Tarbet. [1692] 4 Brn 23 (14 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040023-0048.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Laird of Ottar v. M'Calister of Tarbet
Date: 14 December 1692
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The Laird of Ottar against M'Calister of Tarbet. The Lords found his reason of reduction of the bond relevant, not so much upon minority, as that he was in familia paterna, and his father administrator of the law to him, and yet caused him subscribe cautioner for him in this bond, and so he was not legally authorised, seeing his father could not be auctor in rem suam, as was found between Sir George M'Kenzie and Fairholm of Craighall, 7th Dec. 1666. But, in regard he had lain over so long, and that the creditor was going on in an adjudication which ought not to be stopped, (but here it was the first,) they ordained the bond to be produced, that if it appeared from it, that he was minor in familia, they would receive it instantly. But if it behoved to bide terms of probation, then they would not stop his adjudication.
