Deeds in minority when ipso jure null, when requiring a restitutio in integrum.
Kincaid v. -
Date: 20 May 1561 Case No. No 96.
Alienation by a minor, having curators, made without their consent, found ipso jure null. But if the minor have no curators, the alienation is valid, till it be reduced.
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Anent the action pursued by John Kincaid of P., anent a gentlewoman of the————, for removing from certain lands; it was alleged by the said gentlewoman, That she ought not to remove, and the said John had no power to warn her from the said lands, because that he who was heritable possessor before him had given the said lands to her in liferent. It was replied by the said John, That he that gave them to her was minor, and within age the time of giving thereof, and so the said gift was null in itself; which allegeance of the said John was repelled by the Lords, and found that a minor wanting curators may give or analzie lands, which gift shall not be null; but the minor when he comes to perfect age may reduce the same; and if he have curators, and gifts or analzies without their consent, that is null in itself, as was reasoned among the said Lords.
