Judicial ratification by a wife excludes reduction ex capite metus.
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In a reduction of a disposition of a tenement in Perth, which was provided to one in conjunct-fee, by her contract of marriage; which land being thereafter disponed by her husband, to Andrew Balvaird, she consented thereto, which, together with the judicial act, made before the Bailies of Perth, bearing; “That she had ratified that disposition, and sworn that she did it voluntarily, without any coaction,” she desired to be reduced ex capite metus, being compelled both to subscribe the disposition, and also to ratify the same judicially, and to swear that she did it voluntarily, &c; from the which the Lords assoilzied simpliciter, in respect that the disposition foresaid, so subscribed by the woman was ratified as said is, in presence of the Bailie of the town, and sworn by her to have been done voluntarily, conform to the 83d act of 11th Parl. James 3; which consent of hers so ratified and proved, the Lords found sufficient to purge all action super metu, although the woman replied, that the same ratification and oath was extorted also, per eandum vim et metum, and which then still continued; and the Lords respected it not where the woman replied, That the ratification was made within a house, and not done in judgment,
