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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Tenants of Colberspeth v Lord Home, &c. [1546] 1 Brn 115 (00 January 1546) URL: http://www.bailii.org/scot/cases/ScotCS/1546/Brn010115-0218.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
The Tenants of Colberspeth
v.
Lord Home, &c
1546 .Click here to view a pdf copy of this documet : PDF Copy
In an action of spulyie pursued by the tenants of Colberspeth against the Lord Home and the master his son; Excepted, That the pursuers had renounced willingly all actions of spuilyie they could pretend against the defenders, and produced an instrument of renunciation made by them. Replied, That they had done it per metum illatum. Duplied, Quod metus, via exceptionis, non esset admittendus, sed quod deberent ex eo agere, per viam actionis, quod metus causa, ad retractandam renunciationem prædictam. The Lords found, Quod de metu opponi posset per viam actionis, exceptionis, vel replicæ, ad libitum. Juxta Jura ff. quod Met. Cau. and de Dol. Mal. et Met. Except.
Page 109.
The electronic version of the text was provided by the Scottish Council of Law Reporting
