Scottish Court of Session Decisions

Subject_1 MINOR.
Subject_2 SECT. VI.

Deeds in minority when ipso jure null, when requiring a restitutio in integrum.

Grundiston
v.
Lawson

Date: 6 March 1561
Case No. No 95.

Found as above.

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In the action and cause pursued by David Grundiston against James Lawson, for reduction of an infeftment of a tenement of land lying in the town of Cupar of Fife, made by the said David to the said James, it was alleged by the said David, That when he analzied the said lands, he was within the age of 14 years, or thereby, and therefore the said alienation was null in itself, and ought to be reduced, and all that followed thereupon. It was answered by the said James, That the said David was above the age of 14 years when he made the said alienation, and never made revocation thereof when he came to perfect age given to him of the law for revocation of any thing done by him in his minority, and so he being past the perfect age, together with his four years before the raising of the said summons and intenting of the said plea of reduction, he might never come against the said alienation; which allegeance of the defender's was found relevant by the Lords, and given to his probation.

Fol. Dic. v. 1. p. 579. Maitland, MS. p. 133.