A husband divorced for adultery, was pursued to return the tocher. He was not allowed, in defence, to show evidence, that the divorce had been obtained by concert.
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The Laird of Baquhanan Lessly being divorced from his wife, culpa sua, was pursued by her to render again the tocher he had gotten from her, desired a time to call his warrant; and produced a contract made betwixt him and the Laird of Grant, father to his wife. In the whilk was contained, that she was content that the divorcement should be, and should pursue him for the same.—The Lords would give no warrant upon this contract quia suit partum contra bonas mores.
