Interdiction is reducible where destitute of a rational foundation.
Auchinbowie v. His Interdictors
Date: 2 July 1607 Case No. No 33.
Reduction of an interdiction was found relevant, upon this reason, that it was made immaturely without any cause, and sine causę cognitione, to the discredit of the party, and prejudice of his liberty in the administration of his affairs.
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Alexander Bruce, younger of Auchinbowie, being interdicted to ——— Bell of Welburne, his goodfather, pursued for reduction of the said interdiction, and publication following thereupon, because it was done without any necessary cause, without any preceding trial or cognition, taken by any judge, of the said Alexander's misgovernment, to the prejudice of the said Alexander's liberty in the administration of his own affairs, and freedom to contract and bargain, to the inducing of infamy, and discredit to him, he not being a fool or waster, but a wise and provident man. Which matters being at length considered by the hail Lords, they, for the most part, found the reasons were relevant, and thought that no interdictions should stand but such as were deduced cum causæ cognitione, and therefore ordained an act to be formed, and insert in the sederunt book, declaring, that they would decern after this manner in all time coming.
