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Scottish Court of Session Decisions >>
Douglas v Robertson. [1623] Mor 5983 (14 March 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor1405983-182.html Cite as:
[1623] Mor 5983
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. VI.
Bonds by Wives for antecedent onerous Causes.
Douglas v. Robertson
Date: 14 March 1623 Case No. No 182.
The sum in a bond by a wife, was reduced to what arose from the onerous cause mentioned in the natative.
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John Robertson and his wife gave a bond of 500 merks to one Douglas, son to the wife by her first husband, as his portion natural due to him by his father's decease and testament; whereupon Robertson being charged, suspended, alleging, That the bond bearing no cause but the natural portion due to the charger, could have no execution for any farther than the same; and that the sum contained in the bond, exceeding that sum of the testament, behoved to be diminished and reduced to the sum contained in the testament.—It was excepted, That the bond obliging the party to pay 500 merks, could not be moderated in respect of the testament, because it contained a confession by the executrix and her husband; notwithstanding whereof the Lords found, That the sum contained in the bond should be moderated and reduced to the only cause therein mentioned, which was the sum owing to the charger by virtue of his father's testament.
