Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Pringle
v.
Fullerton of Craighall

1682. December.

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One imprisoned in France, at a creditor's instance, having granted a bond to another person for another cause, and raised reduction thereof ex capite metus; —it was alleged for the creditor in the bond, That the imprisonment being lawful, it was not justus metus, though the bond had been to him that did imprison the granter; multo minus can it be obtruded to a third party that had no accession to the imprisonment; and all the pursuer could crave, was, that the bond might not cut him off from any defences against the debt. Answered for the pursuer, That he being under no obligation before the granting of the concussed bond, that ought not to be made use of to constitute the debt against him. The Lords found the reason of reduction, as libelled, not relevant; and that a party lawfully imprisoned might grant a bond gratuitously, where there was no antecedent cause.

Page 147, No. 531.