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Scottish Court of Session Decisions >>
Barbara Chapman v John White. [1667] Mor 9066 (18 January 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor2209066-013.html Cite as:
[1667] Mor 9066
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. I.
In what cases the privilege competent.
Barbara Chapman v. John White
Date: 18 January 1667 Case No. No 13.
The objection was repelled, that the minor's father's author was not infeft, his father himself having died infeft.
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Barbara Chapman pursues a reduction ex capiti inhibitionis, viz. That Calander being charged to enter heir to his father, who was the pursuer's debtor, and, upon the charge, inhibition was used against him, after which he disponed to the defender's father. It was alleged by the defender, That he is minor et non tenetur placitare de hæreditate paterna. It was answered, That Calander, his father's author, was never infeft; 2dly, That the defender's father did dispone the land to his second son, by both which it could not be called hæreditas paterna.
The Lords sustained the defence, notwithstanding of the reply, and found no process till the defender's majority, and that he was not obliged to dispute whether his father's authors were infeft, or whether his father had disponed or not, until his majority, that he might seek out his evidences, and defend him self.
