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Scottish Court of Session Decisions >>
Lady Angus v Ker. [1551] Mor 9056 (28 June 1551)
URL: http://www.bailii.org/scot/cases/ScotCS/1551/Mor2209056-003.html Cite as:
[1551] Mor 9056
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. I.
In what cases the privilege competent.
Lady Angus v. Ker
Date: 28 June 1551 Case No. No 3.
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In the action pursued by the Lady Angus against the Laird of ———, and Thomas Ker his son, for reduction of an infeftment made to them; it was excepted against the libel, that they might not proceed against the said Thomas upon his heritage, he being of less age. To which it was answered, That a minor but in fee of land, patre adhuc vivo may well be called upon the property of his heritage together with the father; in respect of the which answer, the exception was repelled.
