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Scottish Court of Session Decisions >>
Cockburn v Wood. [1606] Mor 2731 (6 February 1606)
URL: http://www.bailii.org/scot/cases/ScotCS/1606/Mor0702731-062.html Cite as:
[1606] Mor 2731
A minor pursuing for the mails of a tenement, it was excepted that the said tenement was redeemed, and a renunciation granted by his tutor. The minor's reply, that no declarator of redemption was obtained, and that himself was lesed, because the price was not employed to his utility, found not receivable hoc loco, but that it behoved to be libelled.
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Cockburn in Haddington, son and heir of umquhile James Cockburn, provost of Haddington, pursued one Wode for an annualrent, or for the mails of a house wherein he was infeft. It was excepted, That the defender should be assoilzied, because, if any infeftment, the pursuer or his umquhile father had, the same was redeemable, and was redeemed from this pursuer and his tutor, who renounced the same. It was answered, That a voluntary redemption granted by his tutor in his pupillarity could not prejudge the pursuer, unless decreet of redemption had been orderly obtained; specially the pursuer being hurt, the sums alleged given for the said redemption not being employed to his utility and use. It was answered, That that lesion could not come in by way of reply, and he behoved to call his tutor for that lesion. In respect whereof, the Lords found the summons not relevant, but in favour of the minor, gave him leave to mend his summons and qualify the lesion therein.
