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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Douglas v Archibald Inglis. [1744] 5 Brn 738 (15 June 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Brn050738-0905.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: James Douglas
v.
Archibald Inglis
15 June 1744 Click here to view a pdf copy of this documet : PDF Copy
[Elch., No. 2, Minor non tenetur, &c.; C. Home, No. 268.]
The Lords found that the maxim, minor non tenetur placitare, takes place when the minor is not served, and a creditor in possession of the estate, by virtue of a disposition in security of a sum, which was said to be equal to the value of the whole estate; though Lord Stair requires that the minor should be in possession as well as the predecessor, p. 59. But this Elchies said was not law, and that it was sufficient the predecessor had been infeft, and in possession.
2do, They found that this maxim defends against a redemption, where the clause of reversion is not in the minor’s father’s rights.
The electronic version of the text was provided by the Scottish Council of Law Reporting
