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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Morton v The Queen and her Tutor. [1543] 1 Brn 114 (00 January 1543)
URL: http://www.bailii.org/scot/cases/ScotCS/1543/Brn010114-0216.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 Earl of Morton
v.
The Queen and her Tutor
1543 .Click here to view a pdf copy of this documet : PDF Copy
If any be compelled by the king, through just fear and dread, to make disposition to his majesty and successors, ad perpetuam remanentiam, of his lands, &c. the maker thereof and his heirs have good action to call for reduction of the same against his majesty's successors, albeit they be minors and of less age: quia absurdum est, et contra rationem communem, ut minor, ex suo suorumve dolo, fiat locupletior; et res aliqua, quæ ejus non est, maneat apud eum ad ejus perfectam ætatem. Moreover, the action being founded super metu, the same fear continued until his majesty's decease, who was the cause thereof; so that, in his lifetime, the maker of the said disposition durst not pursue for reduction thereof. Bal. T. 28. N. 14.
Page 205.
The electronic version of the text was provided by the Scottish Council of Law Reporting