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Scottish Court of Session Decisions >>
Love v Downie. [1586] Mor 16480 (00 April 1586)
URL: http://www.bailii.org/scot/cases/ScotCS/1586/Mor3716480-003.html Cite as:
[1586] Mor 16480
What is given by a person in ward is presumed to be metus causa.
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John Love, indweller in Leith, pursued one Downie in Leith to restore and deliver to him again the sum of 400 merks, which sum he was compelled to give to the said Downie, being put in ward into the Castle of Edinburgh by James Stewart, sometime Earl of Arran; and so he having given the said sum of money, ought to have the same restored, L. 22. D. Quod metus causa. It was answered, That the said Downie being hurt and bleeded by the pursuer, the said sum was given to him as a satisfaction. It was answered, That it was not relevant except they would allege transaction by writ, or that the same was given interposita judicis auctoritate. The Lords otherwise repelled the objection, and found that the pursuer had action of repetition of the same being gotten from him in ward.
