Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. I.
In what cases the privilege competent.
Robert Davidson v. James Alcorn in Kelso
Date: 21 November 1694 Case No. No 18.
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This was an action for mails and duties, wherein the defender excluded him with a prior right, which made the pursuer repeat a reduction ex capite inhibitionis. Answered, I am minor, and my father died in possession, and so non tenetur placitare. Replied, That takes only place in ancient inheritances, and not in wadsets and redeemable rights, and it is not good as to the warrandice-lands. The Lords found the maxim behoved to defend him as to the principal lands whereof he was in possession, but not as to the warrandice-lands during the not eviction; and therefore refused process in the reduction as to the principal lands. See 31st January 1605, Kello, No 11. p. 9063.
Fol. Dic. v. 1. p. 588. Fountainhall, v. 1. p. 644.
