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Scottish Court of Session Decisions >>
Grant of Ballindalloch v Leslie. [1642] Mor 16483 (12 February 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor3716483-009.html
A man was kept in captivity by sorners. He granted to one of them a bond, who accompanied him in his escape. The bond found good.
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John Grant, fiar of Ballindalloch, being taken treacherously by James Grant and his accomplices, and remaining in obscure and private captivity, every hour under fear of his life, transacts with one Leonard Lesly, who was one of his actual takers, and one of his keepers, and promises by a great oath, to give him a bond of 4,000 merks, if he would concur to relieve and put him to liberty; according whereto, with the hazard of his own life, he plotted his liberty and escaped with him; whereupon within 14 days after his escape, he gave the said bond of 4,000 merks to the said Leonard, and about a year thereafter paid 1,000 merks thereof, and retired his own bond, and then renewed to him another new bond of 3,000 merks; which being now charged to pay, he suspends, alleging the promise was extorted ob metum, and the bond following thereupon was ob turpem causam, for the promise was for fear of his life, done when he was in captivity, and the subsequent bond depending thereupon, was for an unjust cause, for relieving of a lawful subject, barbarously and unjustly taken by sorners and out-laws. The reason was rejected, and the bond sustained, for the charger had hazarded his own life in helping to put the suspender to liberty, and fled away with him.
