Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. II.
The Privilege of Minor non tenetur is not a defence against production. - Nor against actions to which the Minor is liable from the nature of his right. - Nor against a proving of the tenor.
Fleming v. Lord Fleming
1582.
July. Case No. No 22.
A minor has no privilege to defend him from producing his writs in an exhibition, which concludes no challenge of his right to his predecessor's estate, being calculated only to force production.
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Mrs Jean Fleming, daughter lawful to umquhile Lord Fleming, that departed in France, pursued my Lord Fleming to hear and see certain charters, and precepts of sasine, to be retreated and reduced. It was answered by the Lord Fleming, That he ought not to produce the evidents, nor enter in plea, because he was minor annis et quod non tenebatur placitare de hæreditate. It was answered, Quod ante omnia est exhibendum, and that he ought not to be heard to make any allegeance before the exhibition. To this was answered, That the words of the law, ‘placitare’ fuit largissimæ significationis, and behoved to be extended to all manner of entering into process ; and so, if the said Lord was compelled to produce his evidents, he behoved placitare, and to enter into process; and to what effect should he produce his evidence, since there could no process be deduced against him.—The Lords, notwithstanding of his allegeance, ordained him to produce his evidents.
