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Scottish Court of Session Decisions >>
Lord Drummore v Miss Murray. [1744] Mor 8930 (27 January 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor218930-042.html Cite as:
[1744] 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?
Lord Drummore v. Miss Murray
Date: 27 January 1744 Case No. No 42.
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Lord Drummore, Sir John Baird, and others, being named curators to Miss Murray, by her father, desired her to sign a factory, which she refused, on the ground, that her curators concealed from her the state of her affairs, for which reason she declined to concur with them in any deed. The curators gave in a complaint to the Lords, praying, that they might be authorised to act without her. Answered, 1mo, The Lords cannot even give curators to a minor, contrary to her inclination, much less authorise curators to act without the minor's consent, nor was this demand authorised by the law of any country. 2do, The minor had a right to know the state of her affairs; and from the circumstances of the case, the demand made by the curators concerning the signing of the factory, was unjust and unreasonable. The Lords unanimously refused the desire of the petition. See Appendix.
