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Scottish Court of Session Decisions >>
Janet Inglis, Relict of Andrew Charteris, v The Earl of Murray. [1699] 4 Brn 446 (8 June 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040446-0879.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Janet Inglis, Relict of Andrew Charteris, v. The Earl of Murray
Date: 8 June 1699
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Janet Inglis, relict of Andrew Charteris, pursuing the Earl of Murray for some annualrents, he founded on her discharge for £480 Scots. Alleged,— That, she being to receive 1200 merks from the Earl, Bannockburn, his writer, would not give it till she also subscribed that £480 receipt, though she got nothing for it; and she, being in great need, was forced to yield to this unreasonable demand, or else she would have got nothing. Answered,—If this were concussion, all the eases and abatements that are given in Scotland might be quarrelled.
The Lords found, This might draw in question many transactions; and, seeing neither force nor threats were adhibited, but only the refusing voluntary payment, they found this no sufficient qualification of concussion; and therefore sustained the discharge.
