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Scottish Court of Session Decisions >>
Woodhead v Barbara Nairn. [1662] Mor 10281 (24 June 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor2410281-092.html Cite as:
[1662] Mor 10281
Effect of Fraud - of Force and Fear - of Simulation of a Gift of Escheat - of Spuilzie - of Pactum contra Fidem - of Minority - of Reduction ex capite lecti - of Donatio inter Virum et Uxorem - of Payment to an Adjudger.
Woodhead v. Barbara Nairn
Date: 24 June 1662 Case No. No 92.
Found in conformity to Cassie against Fleming, No 91. p. 10279. supra.
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Woodhead pursues Barbara Nairn, for the mails and duties of certain lands. The pursuer alleged, Absolvitor; because the defender stands infeft in liferent of these lands. It was replied, The defender's husband disponed these lands to the pursuer with her consent, subscribing the disposition. It was duplied, The defender's subscription and consent was extorted, metus causa, whereupon she has action of reduction depending, and holds the production satisfied with the writs produced and repeats her reason by way of duply, viz. If she was compelled by her husband, it was by just fear; because she offered to prove by witnesses, that he threatened her to consent, or else he should do her a mischief; and that he was a fierce man, and had many times beaten her, and shut her out of doors; and offered to prove by the notary and witnesses insert, that at the time of the subscription, she declared her unwillingness.
