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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Forman v His Uncle George. [1565] 1 Brn 118 (28 November 1565)
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Cite as: [1565] 1 Brn 118

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[1565] 1 Brn 118      

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.

John Forman
v.
His Uncle George

Date: 28 November 1565

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There was an action pursued by John Forman against his uncle George, to whom he had made alienation of a tenement in the Cannongate, to hear and see the same reduced and declared to be null, with all that followed thereupon; because the said alienation was made by the pursuer, he being a pupil within thirteen years of age, not being authorized by a decreet of the judge interponed thereto, and no profit redounding to him thereof. Alleged, That the libel was not relevant, in so far as it concluded only nullity, and craved not to be restored in integrum by reason of his enormous hurt and lesion, which, by the received practique, he should have libelled. This allegeance was found relevant, and the defender assoilyied from the summons, as they were libelled.

Page 300.

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/1565/Brn010118-0228.html