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There was one called Wood, Laird of ——, that was pursued for the double and single avail of his marriage, because the donatar, and he that had the gift of marriage, had offered to him an equal and sufficient party. It was answered, that the offer was not sufficient, because the woman and party that was offered was crooked, et orbato altero oculo, and so by reason of the deformities of her person, the defender did no wrong in the refusing of her, and no penalty of the double avail of the marriage might strike upon him. The Lords found the exception relevant.
