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Scottish Court of Session Decisions >>
Hary Sinclair of Carlourie v Alexander Fletcher of Aberlady. [1692] 4 Brn 32 (21 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040032-0064.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Hary Sinclair of Carlourie v. Alexander Fletcher of Aberlady
Date: 21 December 1692
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Hary Sinclair of Carlourie, against Alexander Fletcher of Aberlady, who alleged his father was holden as confessed on a debt, as due by him to Hay, formerly of Aberlady, to whom he was truly owing nothing, and was minor; and now his heir ought to be reponed against that decreet.
Answered,—If he was alive, he would not oppose it; but by his death he has lost the mean of his probation; and to repone against that decreet is to discharge the debt.
The Lords found, if he had been within fourteen, he could not have been holden as confessed, not being obliged at that age to depone; but he being then married, and near twenty years old, they could not remedy it; and therefore sustained the decreet against this child, now his heir.
