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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kello v Pringle. [1665] Mor 9084 (31 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2209084-026.html
Cite as: [1665] Mor 9084

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[1665] Mor 9084      

Subject_1 MINOR NON TENETUR, &c.
Subject_2 SECT. II.

The Privilege of Minor non tenetur is not a defence against production. - Nor against actions to which the Minor is liable from the nature of his right. - Nor against a proving of the tenor.

Kello
v.
Pringle

Date: 31 January 1665
Case No. No 26.

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In all events where the minor himself is not infeft, he must produce the predecessor's infeftment, to evidence that it is hæreditas paterna, without which he cannot have the benefit of the exception.

Fol. Dic. v. 1. p. 589. Stair. Newbyth.

*** This case is No 11. p. 9063.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2209084-026.html