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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Katharine Craig v Strang. [1749] 1 Elchies 293 (13 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010293-003.html Cite as: [1749] 1 Elchies 293 |
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[1749] 1 Elchies 293
Subject_1 MINOR NON TENETUR PLACITARE.
Katharine Craig
v.
Strang
1749 ,(Jan.) Feb .13 .
Case No.No. 3.
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An improper wadset being attended with an irritancy if not redeemed in 1701, the wadsetter got into possession in 1705. The reverser pursued a redemption against the heir of the wadsetter a minor who pleaded, not redeemable, 2dly, minor non tenetur. The Ordinary repelled the last, but was to hear them on the other. On a reclaiming bill we thought that the right being ex facie irredeemable, the minor had the privilege, and at the Ordinary's desire we remitted back to him, who altered his interlocutor, and on a reclaim tog bill 24th June 1748 we adhered;—and 13th January 1749 again adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting