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.
Lord Inchaffray v. Mitchell
Date: 19 November 1624 Case No. No 44.
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In an action of reduction of a feu upon the clause irritant, pursued by my Lord Inchaffray contra one Mitchell, the Lords found that a minor tenetur placitare, because he was convened for the fault of his father, ex mora conventionali, and they intended to the contrary, ex mora legali.
