Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. III.
No privilege where the process is founded upon the predecessor's deed. - Nor where action was commenced against the defunct. - Nor where the Minor is the first provoker.
Hepburn v. Yule
Date: 22 February 1609 Case No. No 41.
In recognitions the maxim minor non tenetur is not receivable.
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In the action of recognition pursued by Sir Robert Hepburn against Yule, the Lords found, that the minority of the defender could be no stay to the recognition; because albeit minor non tenetur placitare super hæreditate, that it is only understood in reduction of his infeftment in default of his right in placito de recto; but the recognition quarrels not the validity of his right, but urges that his right may be declared amitted for his fault or his predecessor's.
