Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. VI.

Deeds in minority when ipso jure null, when requiring a restitutie in integrum.

Bruce
v.
-

Date: 24 January 1577
Case No. No 97.

A deed granted by an infant is ipso jure null.

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There was one of the Bruces of Easter Kennet that warned one to flit and remove from certain lands. It was answered, That he would have no just action to warn to flit and remove, because that, long time before the warning, he had renounced and overgiven all right and interest that he had to the said lands. To this was answered, That the renunciation was null in itself, because the time of the alleged making thereof he was in his infancy, viz. of six years only, and did the same without consent of his tutors and curators, et in ea ætate neque velle neque nolle censetur habere pupillus. To this was answered, That he was now major annis et virili ætate, et tacuit per utile quadriennium, and so he ought to have bought the ordinary remeid of the law, et beneficium restitutionis in integrum cum causa; cognitione. To this was answered, That he insisted not to seek the same ordinaria via, because, fuit nullum ab initio, et quod est nullum ab initio non potest tractu temporis convalescere, et cum ipso jure tutus fuit pupillus, et eommuni auxilio non opus fuit nec extraordinario L. 16. D. De minoribus. The Lords found by interlocutor, that the renunciation of the pupil being of seven years old was null from the beginning, without reduction, albeit that the pupil tacuit per utile quadriennium.

Fol. Dic. v. 1. p. 579. Colvil MS. p. 261.