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Scottish Court of Session Decisions >>
Bell v Southerland. [1728] Mor 8985 (00 January 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor218985-106.html Cite as:
[1728] Mor 8985
Deeds in minority when ipso jure null, when requiring a restitutio in integrum.
Bell v. Southerland
1728.
January. Case No. No 106.
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A minor in familia with his father, having attested a cautioner in a suspension, without his father's concurrence, and being pursued for the debt, proponed this defence, that his deed was ipso jure null. It was answered, That deeds by minors, without their fathers' consent as administrator, are not ipso jure null, but need reduction, and now the quadriennium utile is past without any challenge made to the obligation. The Lords found the deed ipso jure null. See Appendix.
