Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 6 November 1683

Marion Hunter and William Henderson
v.
John Brown and John Roger

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See the prior part of this case supra, page 387.

The action pursued by Marion Hunter and Mr William Henderson against John Brown and John Roger, agent, being advised this day; the Lords found, by the depositions of the witnesses adduced hinc inde, that the pursuer's first reason of reduction upon her furiosity, the time of her subscribing the tack, and prorogation and ratification thereof, is not proven. But find the other proven, viz. That the pursuer was circumvened in subscribing the said prorogation and ratification; it being only holden furth to her that the former tack was only to be prorogated for a year or two further, and not aye and while the sums due to Marion Brown should be paid; and therefore sustain the prorogation and ratification of the said tack only for two years after expiration of the first tack; and reduce the prorogation and ratification for subsequent years.

Vol. I. Page 240.