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Scottish Court of Session Decisions >>
M'Math v Baron of Broughton. [1628] Mor 9040 (14 March 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2209040-174.html Cite as:
[1628] Mor 9040
A minor succeeding to a minor, who died during the quadrennium utile, has not only all his own minority, but as much of the quadrennium utile as remained to his predecessor, to reduce any deeds done by his predecessor in his minority.
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In a suspension, M'Math contra Baron of Broughton, an heritable contract made by the Baron of Broughton's father, for infefting of his creditor in an yearly annualrent, for the principal sum addebted by him to his creditor, being comprised by Janet M'Math, assignee to the creditor, for satisfying of a certain sum owing to her, and conform to the clause of requisition contained in that contract, she having charged and required this Baron, as heir to his father, in whom that contract was transferred, as heir to his father contractor, which being suspended upon this reason, that his father contractor was minor the time of the contract, and died before the expiring of the Quadriennium utile, after his complete age of 21 years, and this suspender succeeding to him, being yet minor, at the least the anni utiles after his majority not being expired, he had revocated, and intented reduction thereof upon minority and lesion, the Lords found, as agrees with the civil law De temporib. in integr. restitut. C. lib. 2. tit. 53, That a minor succeeding to a major, who had passed and lived while he passed the age of 21 years, but died before the expiring of anni utiles, had the benefit of restitution competent to him, during the whole years of his minority, after the completing whereof, the benefit foresaid lasted for no more years to him than was lasting unexpired at the decease of that major to whom he succeeded; and that the whole years after his majority of the quadriennium continuum endured not to him, but only so many as were unexpired when his predecessor died; also it was found, that albeit the sum charged for and comprised, was more than the sum addebted to the compriser, yet that the comprising and charge for the whole was sustained, ay and while the compriser was completely paid of the sum for the which the comprising was deduced; which being satisfied, the Lords found the compriser could seek no more, and that her interest ceased, albeit the suspender remained obliged in much more, which would pertain to the first creditor, or others having the right thereof.
Act. Hope & Stuart.Alt. Nicolson & Primrose.Clerk, Gibson.
Fol. Dic. v. 1. p. 586. Durie, p. 361.
