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 £1, 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!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Scottish Court of Session Decisions |
||
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Craig v John Cockburn. [1583] Mor 8980 (00 January 1583) URL: http://www.bailii.org/scot/cases/ScotCS/1583/Mor218980-098.html Cite as: [1583] Mor 8980 |
[New search] [Printable PDF version] [Help]
[1583] Mor 8980
Subject_1 MINOR.
Subject_2 SECT. VI. Deeds in minority when ipso jure null, when requiring a restitutie in integrum.
Craig
v.
John Cockburn
1583 .
Case No.No 98.
Click here to view a pdf copy of this documet : PDF Copy
Mr Thomas Craig advocate being bound as cautioner in the sum of 1000 merks for one John Cockburn, obtained this bond transferred in John's son who was minor, and thereupon charged him to relieve him thereof. He suspended, and alleged, That the decreet of transferring was given against him for not compearance; likeas, now he offered to renounce re integra. Replied, In respect of the decreet standing, he could not be heard to say against it, but via restitutionis in integrum, et via actionis. Duplied, Setentia lata adversus minorem indefensum est ipso jure nulla, and he being presently content to renounce, he should not be put to a new action. The Lords found the decreet should stand until it were reduced.
The electronic version of the text was provided by the Scottish Council of Law Reporting