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Scottish Court of Session Decisions >>
E. Marr v His Vassals. [1628] Mor 8918 (19 June 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2108918-024.html Cite as:
[1628] Mor 8918
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?
E Marr v. His Vassals
Date: 19 June 1628 Case No. No 24.
The oath of a minor may be taken in an exhibition.
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In an action of improbation by the Earl of Marr against the Vassals of Marr an incident being used by one of the defenders, who were minors, for having of the writs libelled, and the pursuer referring the having of these writs to the parties oaths; it being controverted, if minors could be holden to give their oaths, or if certification should be granted against them, and they holden as confest for not compearance, being for that effect cited, the Lords found, That minors, albeit within 21 years, yet if they were past the age of 14 years, and so past tutory, ought to give their oaths in this and the like cases, and that if they were present they should give their oaths; and if they compeared not after citation, they should be holden as confest.
Act. King's Advocate, Arton, Nicolson et Stuart.Alt. Belshes, Cunninghame, Mowat, et Lawtie.Clerk, Gibson.
Fol. Dic. v. 1. p. 575. Durie, p. 375.*** Kerse reports this case:
June 20.—Found that a minor being past 15 years of age may be holden as confest.
