Scottish Court of Session Decisions

Subject_1 MINOR NON TENETUR PLACITARE.

Katherine Craig
v.
Strang

Date: 13 February 1749
Case No. No. 3.

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Minor non tenetur placitare sustained where the predecessor's infeftment was originally an improper wadset 1694 with infeftment in 1696, redeemable at any of three different terms, proviso, that if it was not redeemed at the last term, which was in 1701, it should be irredeemable, and the wadsetter attained possession in 1705 upon a removing, and possessed ever since as his irredeemable property; because the infeftment being ex facie irredeemable, and could only be made redeemable in equity, they thought the minor not obliged to enter into the dispute; and the President and Others thought that it was not at all redeemable, and that it would be more for the minor's advantage to wave the privilege, and to have the point of right determined. This first found by Drummore, Ordinary, after knowing our opinions on a reclaiming bill against a former interlocutor, repelling the defence, which we remitted back to him, 13th January 1747, that he might alter, which he did; and after two reclaiming bills we adhered, 24th June 1748, 13th February 1749.