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Cite as: [1554] Mor 2724

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[1554] Mor 2724      
Subject_1 COMPETENT.
Subject_2 SECT. XI.

Vis et Metus how Proponable.

Oliphant
 v.
Bochtie

Date: 18 March 1554
Case No. No 48.

The contrary found.

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Anent the actione persewed be Sir David Oliphant against the Ladie Bochtie, for holding frae him an yearly annwell annaillziet to him be her husband with her consent; it was alleged be the said Ladie, That the land that paid the said annwell was her conjunct-fee; and, if she consented to the alienation thereof, it was for fear of her lyfe, and therefore she had just cause to with-hold the samen. It was replied be the said Sir David, That the said Lady sould not be heard to propone that exception, per viam exceptionis, sed per viam reductionis, whilk was admitted be the Lords, and the said Lady's exception repelled.

 Fol. Dic. v. 1. p. 173. Maitland, MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor0702724-048.html