A minor being lesed in facto, by omitting to produce a contract in a reduction, the Lords restored him contra rem judicatam.
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It was a reduction of a certification, in an improbation of a minute of a sale of a tenement of land, on these two reasons; 1mo, Park was minor at the time of obtaining it, and has quarrelled it intra annos utiles; 2do, You was in mala fide to crave certification against that minute, because it was in your hands, and you had made use of it by serving inhibition thereon. Answered, Minority is no ground of restitution quoad points in jure, as was found between the Marquis of Montrose and Cochran, (See Appendix), 2do, Though I have a mutual contract in my hand, yet I may call for your double of it, and crave it to be reduced for not implement, or any other legal grounds. The Lords considered the minor was here lesed in facto, by omitting to produce the paper called for; and therefore law restored him in such cases adversus sententiam et rem judicatam. And as to the minute, it did not appear that there were two principles, and therefore they reponed the minor to this defence against the certification, that I offer to prove you had the writ called for, (and against which you took the certification,) in your own hand at the time, because as it was competent to me then, it was competent for me to propone it now.
Fol. Dic. v. 1. p. 583. Fountainhall, v. 1. p. 755.
