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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Gordon of Earlstoun v Margaret Gibson. [1714] Mor 9086 (10 February 1714)
URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor2209086-030.html
Cite as: [1714] Mor 9086

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[1714] Mor 9086      

Subject_1 MINOR NON TENETUR, &c.
Subject_2 SECT. II.

The Privilege of Minor non tenetur is not a defence against production. - Nor against actions to which the Minor is liable from the nature of his right. - Nor against a proving of the tenor.

Thomas Gordon of Earlstoun
v.
Margaret Gibson

Date: 10 February 1714
Case No. No 30.

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In an exhibition of a wadset right, at the instance of Thomas Gordon of Earlstoun against Margaret Gibson, the Lords repelled the defence of minor non tenetur placitare de hæreditate paterna; an exhibition having no effect, either as to the carrying away, or the least impairing, the minor's heritage.

Forbes, MS. p. 25.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor2209086-030.html