Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Hamilton
v.
-

Date: 21 July 1632

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In a reduction of a consent, given by the wife to her husband's alienation of the lands wherein she was conjunct fiar, desired to be reduced ex capite metus, &c.; and an exception of her voluntary consent being proponed, that she compeared before the bailies of Glasgow, and town-clerk, and before certain witnesses, and made faith that she did it voluntarily, testified by a note written by the clerk upon the back of the contract; albeit neither that note was subscribed by the bailie nor clerk, nor an act extracted and delivered to the party thereon, nor no further extant in the clerk's books to verify it; whereby the pursuer alleged, that it ought not to be respected;—the Lords, ex officio, ordained both the parties' witnesses, hinc inde, to be condescended on, and the witnesses mentioned in the foresaid note to be examined; and thereafter they would consider of the reason of metus and exception, and decide the cause, for the bailie and clerk were dead,) as was decided 27th June 1632, betwixt Cassie and Fleming.

Act. Nicolson and Dunlop. Alt. Stuart. Scot, Clerk.

Page 648.