[1685] Mor 9030
Subject_1 MINOR.
Subject_2 SECT. X. No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored?
Mr James Wright
v.
Isobel Brown
1685 .January .
Case No.No 163.
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An heiress who with curators had intromitted with the mails and duties of lands her father died in possession of, being married during her minority, and the husband having continued in possession several years after her majority, and she being pursued by the father's creditors on the passive title gestio, she revoked, and raised reduction intra annos utiles.
Alleged for the creditors, That she could not be restored, or allowed to renounce, till her intromissions and her husband's were refunded to the creditors.
Answered, The husband's intromission could not be charged upon her; but he must answer for it himself.
Replied, As mails and duties fall under an apparent heir's testament jure apparentiæ, so the husband's jus mariti is a legal assignation, equivalent to a voluntary right from the wife, and must be purged as her deed before she be re-restored.
The Lords found the reply relevant.
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