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.
Robertson v. Stuart
Date: 27 July 1675 Case No. No 46.
The exception, minor non tenetur placitare, was found relevant against a declarator of property raised against the minor's father, but not sustained against a molestation, if the pursuer were in recent possession.
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Robertson of Inver pursues a molestation against Gilbert Stuart, for molesting him in the possession of a piece of land, called the boat-bank and boatbrae, and cf the free passage of a ferry-boat there. In which summons of molestation there is also a declarator of right. The defender alleged no process, because he is minor, et non tenetur placitare super hæreditate paterna. 2do, No process till the superior be called.
The Lords found that the declarator could not proceed against the minor, and as to the molestation, they found that if the pursuer was in recent possession, the defence was not relevant against the possessory judgment to continue the possession, and to exclude molestation, and that there was no necessity to call the superior as to that part.
