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Scottish Court of Session Decisions >>
Farquhar v Campbell. [1630] Mor 9023 (22 July 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2209023-153.html Cite as:
[1630] Mor 9023
No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored ?
Farquhar v. Campbell
Date: 22 July 1630 Case No. No 153.
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Robert Farquhar pursues George Campbell of One Sleuch, heir, or at least lawfully charged to enter heir to umquhile John his father, for sums of money addebted by the defunct to the pursuer. The defender offers to renounce,—It is replied, That he cannot, because it is offered to be proved, that since the decease of his father, he hath behaved himself as heir, by intromission with his father's heirship goods and gear, and forms of rooms and possessions possessed by his father.—It is duplied, That any intromission can be alleged against him, was by his tutors in his minority, and he was now content to restore the same; which reply the Lords found relevant.
