Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1676] 1 Brn 555 (24 February 1676) URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn010555-1426.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: -
v.
-
24 February 1676 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit against a minor, it was alleged, Quod non tenetur placitare; because minor. Whereupon there did arise two questions, viz. 1 mo. Whether the said exception, being a dilator, ought to be verified instanter? As to which, it was found by the Lords, That minority, being in fact, could not be verified instanter.
2do. It being replied, That the defender was major, which was offered to be proven, and a conjunct probation being desired by the defender, it was nevertheless found by the Lords, That the allegeance of minority, being elided by the
said reply of majority, which only was admitted, the pursuer ought to be allowed to prove his reply, without conjunct probation to the contrary. Act. Sir David Falconer. Alteri, ——. Hamilton, Clerk.—In præsentia. Page 166.
The electronic version of the text was provided by the Scottish Council of Law Reporting