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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Children - From: 1200 To: 1799

This page lists 20 cases, and was prepared on 20 May 2019.

 
12 H 7 Keyleway, 20 Ravishment De Gard Verdict, Judgment, Surplusage [1220] EngR 106; (1220-1623) Jenk 183; (1220) 145 ER 122 (C)
1220


Children
In ravishment of ward, the defendant pleads not guilty, the jury finds the defendant guilty, but they find moreover, that pending the writ, the plaintiff seised the Ward ; the plaintiff has judgment, this judgment was affirmed in error. The defendant might have pleaded, that the plaintiff seised the ward pending the writ ; and this would have abated the writ ; for the words of the writ or ravishment are, that the sheriff shall seise the ward ad reddendum cui reddi debit. In this case the jury found the ravishment, which is the issue ; the finding of the seizure is superfluous, and out of the issue. The law is the same in the like case in waste, and ejectment.
Superflua non nocent.
[ Commonlii ]
 
Case XLVI 29 Ass Pl 35 29 E 3, 37 [1220] EngR 371; (1220-1623) Jenk 24; (1220) 145 ER 18 (B)
1220


Children
A. has judgment against B. in ravishment of ward ; B brings a writ of error, and assigns for error, that the plaintiff below did riot shew in his count, that he had seised the ward. Non allocatur; for it vests in him by the death of the ancestor, for it is a thing transitory.
[ Commonlii ]
 
35 H 6, 52 28 H 8 Br Livery, 55 Br Cases, 187, 78, 113, 114 12 H 4, 18 Stamf Praer 10 Dally, 90, Pl 8 Co Lit 77 A F N B 258, 256 Gard, Livery, Charrel Br Cases, 322 By 12 C 2, Ch 24, These Tenures And Services Are Abolish'D [1220] EngR 445; (1220-1623) Jenk 113; (1220) 145 ER 80 (A)
1220


Children, Land
No livery shall be sued by any heir, if the tenure be not of the King by knight's service in capite, or in socage in capite, if the heir be of full age at the time of the death of his father, he shall pay half a year's value of the land : if the tenure be socage in capite, such heir shall pay relief: if he be fourteen years of age at the time of the death of his ancestor, he shall pay nothing. Where the King has a ward, because of another ward who is the King's tenant in capite by knight's service ; and the ward because of ward comes first to full age, he shall sue his livery ; but not where his guardiian has sued his livery before him : but though his guardian has sued his livery before him, yet the King shall retain the land and body of the ward because of ward till his full age. So shall every other lord do who has a ward because of ward ; if he has not the seigniory by a defeasible title : if so, the entry of him who has right shall avoid it : so of a mortgage redeemed, and a seigniory granted upon condition. The heir of the King's tenant by knight's service, not in capite, at his full age, after he has paid relief, shall have an ouster le maine. The King's tenant of lands within the Dutchy of Lancaster shall sue livery, but not for lands held of the dutchy, and lying out of the dutchy. 21 E. 4, 60. 26 H. 8.
[ Commonlii ]
 
43 Ass Pl 15 10 El Dyer, 269 [1220] EngR 533; (1220-1623) Jenk 48; (1220) 145 ER 36 (B)
2 Jan 1220


Children
The King in Parliament grants to the prince, the dutchy of Cornwall, with the wards and marriages of his tenants by knight’s-service thereunto belonging : the King has A. his tenant within the said Dutchy, who holds of him (viz. the King), other lands elsewhere in capite; this tenant dies his heir within age, this A. also held other lands of the dutchy by knight-service : the prince shall not have the wardship of the heir of A. nor of the land in this case ; for A was of integer tenens of the dutchy ; and this is a special case of prerogative, that the King’s charters, without express mention, do not pass any thing, nor are of any effect in such case.
[ Commonlii ]
 
William Douglas v Robert Boyd and Johne Kernis, His Tutor [1500] Mor 16215
4 Dec 1500
SCS

Scotland, Children
Gif ony actioun or cause be intentit aganis ane pupill and his tutor, and befoir the intenting thairof, or thairefter, the tutor be commandit to ward be the Kingis grace, the actioun and cause aucht and sould be continewit and delayit aganis the said minor, untill his tutor, quha sould have defendit him, be fred and relevitfra his captivitie and ward; and in the mean time of the continuatioun and endurance in ward of the tutor, all lauchfull defences and exceptiounis ar reservit to baith the parties, and all prescriptiounis aucht and sould sleip and ceis, quhilkis utherwayis micht have run and had course in the said matter.
[ Bailii ]

 
 Gourlay v Spence; SCS 2-Mar-1541 - [1541] Mor 23
 
Kincaid v - [1561] Mor 8979
20 May 1561
SCS

Children
Alienation by a minor, having curators, made without their consent, found ipso jure null. But if the minor have no curators, the alienation is valid, till it be reduced.
[ Bailii ]
 
Auditor Curle's Case [1572] EngR 20; (1572-1616) 11 Co Rep 2; (1572) 77 ER 1147
1572


Children
The grant of the office of one of the auditors of the Court of Wards to two and the survivor of them is good. The stat. 32 H. 8. c. 46, makes the auditors one officer.
The words et alterius eorum diutius viventis in the grant are material ; for if an office be granted to two for their lives (withoutmore) by the death of one of them the grant will be void. But by these words the survivor remains one of the persons to whom another shall be added ; and, till another is added, the judicial voice of the survivor is suspended.
The nomination of auditors of the Court of Wards must be under the Great Seal.
This office is partly ministerial and partly judicial, and cannot be granted in reversion; for it is by Act of Parliament so entire, that the ministerial part cannot be divided from the judicial.
A grant of the King of this office in reversion, to begin after a former grant of the same office in reversion, and which grant is recited in the last made grant, is not good, - first, as being a grant in reversion ; and, secondly, because it recites a void grant as one that is good. Cit. acc 6 Price 135.
[ Commonlii ]

 
 Earl of Winchelsea v Norcliff and Al; 1680 - [1680] EngR 88; (1680-1687) 1 Vern 403; (1680) 23 ER 545
 
Muir and Milliken v Kennedy (1697) M 2567
1697


Scotland, Children
A minor was sued as heir to his father, for a sum in a bond of caution granted by his father. The court allowed the defender time to show that the debt had already been paid. He then craved compensation for a sum allegedly owed to the estate on the ground that one of the pursuers had stayed for several years in his father's house. The pursuers objected that this claim was not liquid. Held. The Lords, "considering the favour of this case, being a minor and the heir of a cautioner", and given that the pursuers' claim was being delayed in any event to allow the defender to try to prove that the debt had been paid, "gave him a term to prove his compensations, seeing quod statim potest liquidari habetur pro jam liquido."
1 Citers


 
John Hamilton, of Pumpherston, Esq v Katherine Lady Cardross [1712] UKHL Robertson - 37; (1712) Robertson 37
8 Apr 1712
HL

Scotland, Children
A tack sustained, which, in the recital, bore to be granted by a Minor with consent of his Curators, but was signed by the landlord only.
Homologation. - In a reduction of a Tack on the ground of nullity, it being found that the receipt of the rent by the Grantor's heir for more than 30 years, imported no homologation, the Judgment is reversed.
[ Bailii ]
 
Alexander Robertson Esq of Strowan v Margaret Robertson, His Sister [1712] UKHL Robertson - 55; (1712) Robertson 55
4 Jun 1712
HL

Scotland, Trusts, Children
A mother being put in possession of part of her eldest Son's forfeited estate for aliment to younger children, in a question with the Son after the estate restored, it is found that her intromissions, above the current interest of their portions, went in discharge of former interest due thereon and of current interest, but not in payment of principal, or of interest after the intromissions ceased.
Circumstances inferring this crime: though decree taken in the civil action, recourse might also be had to the penal: the pains of battery not remitted by an act of general indemnity.
[ Bailii ]
 
William Morrison of Preston Grange, Esq v John Viscount Arbuthnot [1728] UKHL 1 - Paton - 7; (1728) 1 Paton 7
27 Mar 1728
HL

Contract, Children
Minor - pactum illicitum - A discharge by a minor without curators of part of the tocher stipulated in his contract of marriage, being granted privately before solemnization of the marriage, and without the concurrence of the friends who were assisting him in the marriage treaty, reduced at the instance of the granter, on the head of minority and lesion, and as being contra fidem tabularum nuptialium.
[ Bailii ]
 
Patrick Davidson of Woodmiln v Alexander Watson of Glentarkie [1740] UKHL 1 - Paton - 288
4 Dec 1740
HL

Limitation, Children
Found that the act does not apply to actions for the aliment of minors.
Prescription Act 1579
[ Bailii ]
 
Hall v Hall [1749] EngR 133; (1749) 3 Atk 721; (1749) 26 ER 1213 (B)
31 Jul 1749


Children, Education
The guardian is a proper judge at what school to place his ward, and the court wll not indulge the infant in being put to a private tutor, or going to another sohool, and if he refuses to go will take a proper course to compel him.
[ Commonlii ]
 
Smith v Edwardson [1753] EngR 91; (1753) Dick 234; (1753) 21 ER 258 (A)
23 Jun 1753


Children

[ Commonlii ]
 
Zouch, Ex Dimiss Abbot And Hallet v Parsons [1765] EngR 89; (1765) 3 Burr 1794; (1765) 97 ER 1103
23 Nov 1765

Lord Mansfield
Contract, Children
Lord Mansfield said that: "miserable must the condition of minors be; excluded from the society and commerce of the world; deprived of necessaries, education, employment, and many advantages; if they could do no binding acts. Great inconvenience must arise to others, if they were bound by no act. The law, therefore, at the same time that it protects their imbecility and indiscretion from injury through their own imprudence, enables them to do binding acts, for their own benefit; and, without prejudice to themselves, for the benefit of others."
1 Citers

[ Commonlii ]
 
Archibald Douglas v Duke of Hamilton and Ohers [1769] UKHL 2 - Paton - 143
27 Feb 1769
HL

Children
Filiation - Proof - Onus Probandi.-
Circumstances in which held, that children born in France, of a certain marriage, were the lawful children begotten of that marriage-and that the appellant, having acquired his status as such-and having been served and retoured the lawful son and heir of the parties, that he was entitled to be protected in that status until the contrary was proved; Ques. Whether the onus probandi of proving the reverse, lay on those who impugned his birth.
[ Bailii ]
 
Katherine Sinclair and Trustee; and Henrietta Janet, Emilia and Margaret Sinclair, Infants, and James Sinclair, Their Administrator At Law v David Thriepland Sinclair, Esq, An Infant, and Stewart Thriepland, His Administrator At Law [1770] UKHL 2 - Paton - 199
13 Feb 1770
HL

Children
Provision - Discharge by one Child of Share of Conquest - How it Operates as to the other Children.-
The bonds of provision fell under the father's powers of distribution, and therefore effectual to bar the children from further claim, if these were accepted by them, but not otherwise: and that Katherine was not bound to accept of her bond of provision.
[ Bailii ]
 
Saunderson v Marr [1788] EngR 230; (1788) 1 H Bl 75; (1788) 126 ER 46 (A)
17 Nov 1788


Agency, Children
A warrant of attorney given by an infant is absolutely void, and the Court will not confirm it, though the infant appear to have given it (knowing that it was not valid), for the purpose of collusion.
[ Commonlii ]
 
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