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M'William v Shaw. [1576] Mor 9022 (26 June 1576)
URL: http://www.bailii.org/scot/cases/ScotCS/1576/Mor2209022-151.html Cite as:
[1576] Mor 9022
No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored ?
M'William v. Shaw
Date: 26 June 1576 Case No. No 151.
A minor insisting upon minority and lesion, must first make offer of what he received in contemplation of the bargain.
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Anent the action pursued by N. and M'William against John Shaw, for reduction of a contract and infeftment passed thereupon, the pursuer alleged, That they should be reduced; because, the said contract and infeftment were made by him in his minority. The defender alleged, That the pursuer had no place to call for reduction, without he had offered the sum of money which he had received for the infeftment of the lands contained in the contract; which allegeance of the defender was admitted by the Lords, and the other repelled ab agendo, until he restored the said money.
