Deeds in minority when ipso jure null, when requiring a restitutie in integrum.
Craig v. John Cockburn
1583. Case No. No 98.
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Mr Thomas Craig advocate being bound as cautioner in the sum of 1000 merks for one John Cockburn, obtained this bond transferred in John's son who was minor, and thereupon charged him to relieve him thereof. He suspended, and alleged, That the decreet of transferring was given against him for not compearance; likeas, now he offered to renounce re integra. Replied, In respect of the decreet standing, he could not be heard to say against it, but via restitutionis in integrum, et via actionis. Duplied, Setentia lata adversus minorem indefensum est ipso jure nulla, and he being presently content to renounce, he should not be put to a new action. The Lords found the decreet should stand until it were reduced.
