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Lenox v M'Moran. [1633] Mor 9097 (20 February 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor2209097-045.html Cite as:
[1633] Mor 9097
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. III.
No privilege where the process is founded upon the predecessor's deed. - Nor where action was commenced against the defunct. - Nor where the Minor is the first provoker.
Lenox v. M'Moran
Date: 20 February 1633 Case No. No 45.
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In a reduction of a feu ob non solutum canonem, upon the act of parl. 1597, cap. 250, the defence minor non tenetur was repelled, though there was no conventional irritancy.
*** This case is No 38. p. 6435, voce Implied Discharge and Renunciation.
*** See Inchaffray against Mitchell, supra, in which case the defence was repelled where there was a Conventional irritancy, but Court were of opinion, it ought to be sustained where the mora was ex lege.
