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Scottish Court of Session Decisions >>
Earl of Marr v His Vassals. [1634] Mor 9063 (17 January 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor2209063-010.html Cite as:
[1634] Mor 9063
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. I.
In what cases the privilege competent.
Earl of Marr v. His Vassals
Date: 17 January 1634 Case No. No 10.
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In the action of reduction, the Earl of Marr against His Vassals; alleged for Blackhall, He was minor, ‘et non tenebatur placitare super hæreditate.’ Replied, That ought to be repelled, except he could allege that he was ‘in tenemento, ut habetur in Reg. Maj. L. 3. C. 32. N. 3.’ The Lords sustained the exception notwithstanding, otherwise minors of ward lands could not enjoy the benefit of this maxim. Next replied, The exception could not defend his mother, who was liferenter of the lands, and called also; but she behoved to answer for her interest. The Lords found the exception relevant for her likewise, because her son would be obliged to warrant her liferent to her.
Fol. Dic. v. 1. p.588. Spottiswood, (Minors and Pupils.) p. 213.
