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Scottish Court of Session Decisions >>
Macnab v Culdairs and Menzies of that ilk. [1695] 4 Brn 237 (5 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040237-0538.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Macnab v. Culdairs and Menzies of that ilk
Date: 5 January 1695
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In a concluded cause, Macnab against Culdairs and Menzies of that ilk, though a minor quarrelled a discharge he had given of some years' annualrents of 100 merks, and, by the act, had proven his minority; yet the Lords assoilyied, and would not reduce; because they thought one of twenty, as he was then, might uplift his annualrents for his own entertainment, where it did not amount to a great sum, and it did not appear he had another estate to be alimented on: And why may not a minor, wanting curators, lift his rents and discharge his tenants? So minority here is not enough without lesion: and that is not presumed, in such a case, till first it be proven.
