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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Janet auchinlech v James stewart. [1540] Mor 339 (18 December 1540)
URL: http://www.bailii.org/scot/cases/ScotCS/1540/Mor0100339-015.html
Cite as: [1540] Mor 339

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[1540] Mor 339      

Subject_1 ADULTERY.
Subject_2 *** Compare the following with Nos 9. and 11.

Janet auchinlech
v.
James stewart

Date: 18 December 1540
Case No. No 15.

Ought the tocher to be restored?


Click here to view a pdf copy of this documet : PDF Copy

Quhen ony man and his wife are simpliciter partit and divorcit be the authority of the Judge Ordinar, for adulterie, or ony other trespass committed be the man, the hail tocher-gude, and all that was ressavit be the man fra the woman, by vertue of the matrimonie contractit betwix thame, aucht to be restorit to the woman, with the prosseits thairof, ester the giving of the sentence of divorce betwix thame.

Balfour, (Marriage) p. 99.

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/1540/Mor0100339-015.html