Scottish Court of Session Decisions

Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Consent by a Woman clad with a Husband

Date: 12 July 1671

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This case being taken to interlocutor, Whether or no a woman clad with a husband the time of the consent, may not reduce a consent, given by her then, to an alienation of her conjunct-fee lands, upon thir common grounds of law, That what she did was through marital reverence et ex timore, and that her subscription was fide implicita, in so far as they assured her and made her believe that what she was doing redounded noways to her prejudice. This the Lords declared they would hear both parties debate upon in their haill presence, out of the common law, in regard there was nothing yet in our law to be a rule therefore.

Advocates' MS. No. 218, folio 104.