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Scottish Court of Session Decisions >>
Lord Madderty v Vassals. [1613] Mor 9096 (25 June 1613)
URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor2209096-043.html Cite as:
[1613] Mor 9096
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. III.
No privilege where the process is founded upon the predecessor's deed. - Nor where action was commenced against the defunct. - Nor where the Minor is the first provoker.
Lord Madderty v. Vassals
Date: 25 June 1613 Case No. No 43.
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A superior pursued the heir of his feuer for reduction of his feu charter ‘propter non solutum canonem,’ according to the provision and clause irritant in the feu-charter, and the defender being minor, and alleging quod non tenetur placitare super hæreditate his exception will be repelled against the exhibition.
