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Lady Carnegie v Lord Cranburn. [1663] Mor 8991 (30 January 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor218991-112.html Cite as:
[1663] Mor 8991
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In a declarator of recognition, founded upon an alienation to a second son an infant, who afterwards, by the death of his elder brother, became apparent heir; the Lords repelled the exception of minority and lesion, because minors can only be restored against their own deeds, not against the deeds of third parties, though, ex accidenti, the deeds may happen to be to their prejudice. And here the infeftment was purely the deed of the father, which was valid, without necessity of acceptance upon the son's part.
Fol. Dic. v. 1. p. 582. Stair.
*** This case is No 11. p. 7732., voce Jus quæsitum tertii.
