Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XIV.

Minority and Lesion how Proponable.

Currie
v.
Laird of Glenbervie

Date: 5 February 1566
Case No. No 61.

A charter having been granted to a vassal, during the superior's minority, and this deed revoked in due time; yet the vassal pursuing afterwards for a sasine upon his charter, the Lords found the defence of minority and revocation not relevant hoc loco, and that the charter ought to stand till it be reduced.

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In an action pursewed be Walter Currie against the Laird of Glenbervie, for giving to him ane precept of sasine, according to ane charter, which the said Laird's father had given to Walter Currie's father; Glenbervie objected, That he was minor, being in the land the time of the giving of the said charter, and had revoked the same in due time. It was replied, That the charter should stand while it be reduced, nor that nullity could come in be way of exception. The Lords admitted the pursewar's allegeance, in respect of the reply, and decerned ane precept of sasine to be given, notwithstanding the defender's allegeance.

Fol. Dic. v. 1. p. 175. Maitland, MS. p. 227.