Scottish Court of Session Decisions

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.

Tassie
v.
Fleming

Date: 18 July 1632

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In a reduction of an infeftment of a tenement in Glasgow, in so far as concerned the pursuer's liferent, pursued by a woman, Tassie, against Fleming, metus causa, which fear was well enough qualified in the libel, both by threatening her and striking her;—Alleged by the defender, He offered to prove that she had consented to the alienation, and that by the notary, maker of the alienation, and the witnesses insert in the same. Replied, That ought to be repelled, in respect of the libel, which she offered to prove; et plus creditur duobus testibus affirmantibus de metu, quam centum de spontanea voluntate. Duplied, The defender, being a stranger, and not accessory to any thing done to her, is more favourable in this case, and ought to be preferred. After that the Lords had taken order to examine witnesses, ex officio, upon both sides, who did depone, as many for the voluntary consent the time of the subscribing of the alienation, as against it;—yet the Lords preferred the pursuer in the probation of her libel.

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