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Scottish Court of Session Decisions >>
Home v Homes. [1613] Mor 9057 (13 July 1613)
URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor2209057-005.html Cite as:
[1613] Mor 9057
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. I.
In what cases the privilege competent.
Home v. Homes
Date: 13 July 1613 Case No. No 5.
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In an action of reduction by Patrick Home of Polwarth, contra John Home of Heugh and Alexander Home of Johnscleugh, the Lords granted process against the minor against the principle of the brocard, quod minor non tenetur placitare super hæreditate; and that because the minor was only called for his interest, albeit it was reasoned that his interest was such as could not be miskenned, he being infeft in the lands as heir to his father and in possession.
Kerse, fol. 141.*** Haddington reports this case:
In the action betwixt the Laird of Polwarth and the gudeman of the heugh, Alexander Home of Johnscleuch, ane of the parties called for his interest, alleged na process, because he was minor and was heritablie infeft in ane part of the lands controverted, likeas his father and himself had been in possession thereof mony years, and his father had intimate his sasine in effect to the pursuer's father judicially by production thereof at the time of the pursuer's father's service and retour to thir same lands, and the said Alexander being minor, non tenebatur placitare super hereditate. It was answered, That his evidents were not called for principaliter, nor na reason conceived against them particularly, but only against the sasines of Robert Home of the Heugh, the reduction whereof could not be staid be the interest of any minor having only subaltern infeftments; in respect whereof, the Lords repelled the allegeance.
