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Gordon of Fechil v Farquhar of Moonie. [1685] Mor 9100 (4 February 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2209100-051.html Cite as:
[1685] Mor 9100
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. III.
No privilege where the process is founded upon the predecessor's deed. - Nor where action was commenced against the defunct. - Nor where the Minor is the first provoker.
Gordon of Fechil v. Farquhar of Moonie
Date: 4 February 1685 Case No. No 51.
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In a reduction upon the act of Parliament 1621, against a minor, of a right granted to his father;
It was alleged for the defender; That minor non tenetur placitare.
Answered; It was dolus paternus et fraus to take a disposition without an onerous cause, post contractum debitum.
“The Lords sustained the minor's defence, and refused to make him find caution, which they thought to be difficult for a minor who had his lands questioned; but allowed the pursuer to lead a probation by witnesses to lie in retentis, which he might use in the discussing of the reduction.”
