Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Kennedy and Muir v. Matthew Cumming
Date: 19 November 1696
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In the process, Kennedy and Muir against Matthew Cumming, a transaction made with a minor being reduced ex capite lœsionis, the other party craved caution that they should not crave to be restored, because she was still minor, and might revoke what she had now done any time before attaining her perfect age of twenty-five.
The Lords thought they could not force men satisdare, where the law did not oblige them. 2do. If there were a plain and enorm lesion, it cannot be presumed she would seek to be restored against this decreet, and subject herself to the lesion; so there was no room for restitution, else one who was pursued to pay a debt owing to a minor might say,—I will not pay, because you might revoke this afterwards; at least, you must find caution to secure me against your craving reposition intra annos utiles.
