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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir William Ballantyne v King. [1628] 1 Brn 254 (13 March 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010254-0617.html

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[1628] 1 Brn 254      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Sir William Ballantyne
v.
King

Date: 13 March 1628

Click here to view a pdf copy of this documet : PDF Copy

Sir William Ballantyne of Burghtoun intents a reduction of a contract made betwixt his father, being minor, and umquhile Alexander King, ex capite minoritatis, in so far as his father died before he was 25 years of age complete, viz. being twenty-four years and two months, within which space he had place to crave restitution; and Sir William, being now but 23 years of age, has place to revoke and reduce the said contract, ex eodem capite. It was excepted against this reason of reduction, That, seeing his father wanted but 10 months of the age of 25 years, no more can be granted to the said Sir William, but the space of 10 months after his perfect age, within which time he had liberty to revoke his father's deeds, or otherwise his action of reduction prescribed. Which exception the Lords found relevant.

Page 208.

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/1628/Brn010254-0617.html