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Scottish Court of Session Decisions >>
Anderson v Geddes. [1732] Mor 9020 (14 January 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor2209020-149.html Cite as:
[1732] Mor 9020
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A Decree having been obtained against a common debtor, during the minority of another creditor, reduction was intented of the same, upon minority and lesion; and it was pleaded for the creditor-reducer, That the decree was iniquitous, an obvious objection lying against the claim upon which it was founded; and that he had an interest to reduce, in regard that, at the time of establishing this unjust debt, the common debtor had not a sufficiency of funds to satisfy both. It was answered, That the very objection now founded on was proponed by the common debtor himself, and repelled, and minors are never restored against proponed and repelled. And esto it had been omitted, minors are only restored to their defences, which were competent and omitted in processes against themselves, where their interest is direct, but not where the process is against a third party, though such process may occasionally affect their interest; because this would tend to make pleas endless. The Lords assoilzied from the reason of reduction.—See Appendix.
