Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

Margaret and Elizabeth Thomson, daughters to the deceased John Thomson, Merchant in Montrose, and Others
v.
John Nicol, Skipper in Alloway

Date: 21 July 1714

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In the action of reduction and suspension, at the instance of Margaret and Elizabeth Thomson, and others, of a decreet of Session at John Nicol's instance, against them,—The Lords found, that the said decreet being pronounced against the said Margaret and Elizabeth Thomson, as minors, and therein so denominated ; and against David Skinner, Provost, and Mr. Alexander Thomson, Doctor of Medicine in Montrose, as tutors and curators to them; proved against the obtainer of the decreet, that the said Margaret and Elizabeth Thomsons were minors at the time; unless the contrary, viz. that they were then majors, were proven. Because, though it be true in general, that he who offers to reduce a deed upon the head of minority, ought to prove the same, according to the rule, actori incumbit probatio ; that needs not to be done where the deed itself, against which restitution is craved, owns the minority: verba enim operantur contra proferentem.

MS. page 93.