Facility and Lesion, without condescending on acts of Circumvention.
Alison v. Bothwell
Date: 27 November 1696 Case No. No 51.
Click here to view a pdf copy of this documet : PDF Copy
The Lords advised the debate in the declarator of circumvention pursued by James Alison against Harry Bothwell of Glencross, for causing him, a simple young man, to renounce an infeftment of annualrent of 2500 merks he had well secured, and give down 200 merks of the principal, and take a personal bond for the rest, and a penalty of 500 merks on him, that his adjudication contained the whole sum. It being proven to the Lords, that he was a very weak young man, they reponed him against the failzie of 500 merks, and any other advantages taken of him; for though there was not dolus dans causam contractui, yet there might be dolus in re, and every inequality in a bargain ought not to annul; therefore the Lords named two of their number to see his damage repaired, and adjust the matter without reducing the transaction in toto.
Fol. Dic. v. 1. p. 337. Fountainhall, v. 1. p. 738.
