A wife reducing her deeds must libel verum et justum metum.
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A woman having consented to an alienation made by her husband of lands wherein she was infeft by her husband before her marriage in liferent or conjunct fee intuitu matrimonii, or an annual-rent of 400 merks yearly during her life-time; the woman seeking thereafter reduction of the security made by her husband with her consent of that tenement as done by her metu reverentiali, for fear of an awful answer and cruel husband, and upon her revocation made since her husband's decease; the Lords assoilzied from the summons, albeit she had never ratified the infeftment by her oath given in judgment; because the Lords found that judicial ratification not necessary, and were not moved with the reason founded super metu reverentiali, unless she had libelled verum et expressum metum by relevant circumstances and deeds, and proved the same by lawful and ordinary means.
Haddington, MS. v. 2. No. 2497.
*** See a case to the same effect, Marshall against Ferguson, in 1683. No. 192. p. 5990; also Leishman against Nicols, in 1696, No. 10. p. 13406. voce Recompence.
