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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir William Ballenden v Janet Mackmath. [1628] 1 Brn 155 (14 March 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010155-0347.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Sir William Ballenden
v.
Janet Mackmath
14 March 1628 Click here to view a pdf copy of this documet : PDF Copy
Any deed done by a minor, to his enormous hurt and lesion, may be revoked by him at any time before his majority, or intra quadriennium utile, after he is major; and, if he die before he be major, he that succeedeth to him, being minor, hath the same privilege: But, if he decease after he is major, and before he be twenty-five years complete, and doth not revoke that deed done by him in his minority, he that succeeds him, being minor, may revoke that deed of his predecessor any time during his minority; but, after he is major, he will not have quadriennium utile, as his predecessor would have had, but only as much of it as was resting unrim the time of his predecessor's decease. This was found, 14th March 1628, between Sir William Ballenden and Janet Mackmath: For Sir William, having intented a reduction of a contract made by his father in his minority, and having revoked it upon this ground, that his father was but twenty-four years and two months old when he died, it was lawful for the pursuer to revoke it at any time within the age of twenty-five years; but so it was, that he was but three-and-twenty years old when he raised his summons. The defender was assoilyied, because the pursuer had not revoked within ten months after he was past his majority; which space of ten months was only profitable to him, after his majority, for revoking his father's deed, in respect there was no more resting to his father of his anni utiles, the time of his decease. And this was judged conform to the common law. L. 19, ff. de Minor. 25 annis.
Page 300.
The electronic version of the text was provided by the Scottish Council of Law Reporting
