[1744] 1 Elchies 293
Subject_1 MINOR NON TENETUR PLACITARE.
Douglas
v.
Andrew Inglis
1744 ,June 26 .
Case No.No. 2.
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Patrick Inglis was infeft on his fathers disposition held base, (the father having as was said no other right than adjudication,) and having gone to the West Indies contracted to his elder brother a debt of L.550, and granted him an heritable bond, and also granted him a factory, and died in the West Indies, worth (as was said) upwards of L.2000, leaving an infant son. During his life Inglis uplifted the rents upon the factory, but after his death uplifted upon the assignation to maills and duties. Douglas of Houseside pretending to be superior, and also to have a right of reversion, raised reduction and impro-bation, declarator on non-entry, and of redemption; and the infant son pleaded his minority, and that non tenetur placitare; which we sustained on the 15th as to reduction, but repelled it as to non-entry. A reclaiming bill was presented against the first part, for that the minor was not in possession, which we this day refused and adhered.
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