Oliver Melvil v. Mr Robert Arnot, Minister at Ceres
Date: 5 July 1782 Case No. No 125.
A slight act of homologation, occasioned by the influence of a father, and only a few days posterior to minority, not sufficient to bar restitutionem in integrum.
Click here to view a pdf copy of this documet : PDF Copy
While in the nineteenth year of his age, Oliver Melvil, jointly with his father David Melvil, granted certain bills to Mr Arnot. A state of accounts between the two last mentioned gentlemen, of which these bills were articles, having been drawn up, with a docquet certifying its justness and accuracy, this docquet, only fourteen days after his majority, was subscribed by Oliver, together with his father.
Oliver, on the head of minority and lesion, instituted, within the quadriennium utile, an action of reduction of these bills; against which action it was pleaded, That having, when arrived at full age, homologated them, by subscribing the docquet above-mentioned, he had precluded himself from all claim of restitution.
The Lords were of opinion, that the salutary privilege of restitutio in integrum, was not to be barred in a case like the present, in which the act alleged to infer homologation was of such a slight nature; especially as it occurred so very recently after nonage, and had proceeded from duty to a father.
They therefore adhered to the Lord Ordinary's interlocutor, ‘finding no act of homologation on the part of the pursuer sufficient to bar reduction; and sustaining the reasons thereof.’
Lord Ordinary, Westhall.Act. Craig.Alt. Hay.Clerk, Home.
Fol. Dic. v. 4. p. 7. Fac. Col. No 51. p. 80.
