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Scottish Court of Session Decisions >>
Campbell v Sir James Campbell. [1738] Mor 8930 (17 February 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor218930-040.html Cite as:
[1738] Mor 8930
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?
Campbell v. Sir James Campbell
Date: 17 February 1738 Case No. No 40.
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A minor, past the years of pupillarity, brought a process before the Court of Session, to obtain the Lords' authority for selling part of his estate for payment of his debts. The difficulty was, that an action of this nature is competent only to a pupil and his tutors, who cannot sell without such authority, but that a minor, with or without curators, may dispose of his estate without any authority. The Lords repelled the objection, and found process competent at the instance of a minor, in the same way and manner as at the instance of a pupil. See Appendix.
