Scottish Court of Session Decisions

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

Privilegiatus contra Privilegiatum.

Laird of Rossyth
v.
-

Date: 17 January 1609
Case No. No 57.

Click here to view a pdf copy of this documet : PDF Copy

The Laird of Rossyth pursued a reduction of alienations made by him in his minority to his lesion. One of the defenders alleged, That he was minor et non tenebatur placitare. It was answered, That the pursuer's action was founded upon his lesion in his minority, et sic minor contra minorem non guadet privilegio ætatis. It was duplied, That the pursuer was not minor, and so not privileged; notwithstanding whereof, the Lords repelled the exception, in respect of the nature of the cause.

Fol. Dic. v. 1. p. 591. Haddington, MS. No 1534.