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Scottish Court of Session Decisions >>
Wilson v Aitken. [1626] Mor 12700 (3 March 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor3012700-590.html Cite as:
[1626] Mor 12700
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In an an action of reduction of a bond betwixt Wilson and Aitken, upon a reason of minority and lesion, the pursuer produced a testimonial, bearing the time of his baptism, subscribed by Mr Patrick Henderson, keeper of the session books of the kirk of Edinburgh, to prove his minority. The Lords found it could not prove, because neither was that register of that authority that the extract thereof alone ought to make faith per se, much less could it prove minority, for the time of the baptism ought not to be reputed as if the child had been born at that time, seeing he might have been one or more years of age before he was baptised, and so the minority could not be proved thereby, to count from his baptism; but such testimonials may have greater respect and faith to prove majority, and that to count from the time of his baptism, for he must be born ere he be baptised.
Act. Lermonth.Alt. Absent.Clerk, Hay.
Fol. Dic. v. 2. p. 268. Durie, p. 187.
