No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?
Mr Ruthven v. Sir Alexander Hope of Carse's Son
1682.
March. Case No. No 162.
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A minor being pursued for payment of his predecessor's debt, to whom he was served heir, he revoked, and raised reduction of the service, and craved he might be free of personal execution.
Alleged for the defender, The pursuer cannot be heard to reduce the service, without restoring the rents intromitted with by him and his curators since his entry.
Answered, Those rents were expended in the payment of debts.
The Lords assoilzied the defender in respect of the restitution; and here the minor was but eighteen years of age.
