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Scottish Court of Session Decisions >>
A. v B. [1706] Mor 14966 (16 July 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Mor3414966-004.html Cite as:
[1706] Mor 14966
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Some tutors to a minor gave in a petition, craving the Lords authority to a sale of some of their pupil's lands, lying in Anstruther, seeing the necessity of debt was evident, and the smallness of the subject could not bear a process. The Lords rejected the bill, as irregular, and found minors' lands could not be sold judicially, but upon a cognition and trial, comparing the rental and debts, and that by way of process only, and not summarily on a bill; and thought the drawers of such informal petitions, contrary to our fixed stiles and customs, deserved to be reprimanded and rebuked.
Fol. Dic. v. 2. p. 402. Fountainhall, v. 2. p. 343.
