BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
A. v B. [1724] Mor 8929 (28 November 1724)
URL: http://www.bailii.org/scot/cases/ScotCS/1724/Mor218929-038.html Cite as:
[1724] Mor 8929
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?
A v. B
Date: 28 November 1724 Case No. No 38.
Click here to view a pdf copy of this documet : PDF Copy
A woman, minor, had a bond granted to her, bearing interest, and during her minority she married. The husband, as her curator, pursued the debtor for payment, who objected, that he could not be obliged to pay to him, for though he was curator to his wife, yet he had not made up inventories, nor found caution, as a curator ought to do.
It was answered for the husband, That the law had made him curator, without the necessity of making up inventories, or finding caution.
The Lords were of opinion, That it was jus tertii to the debtor, and he had no right to make the objection, though the wife's friends might possibly be entitled to do it; because by the husband's uplifting the money, he brought it under the jus mariti, which it was not formerly, and thereby the woman might be prejudged.
