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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2912490-347.html

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[1630] Mor 12490      

Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. V.

Wife's Oath with regard to Transactions before Marriage, if relevant against the Husband.

Brenton
v.
Maxwell

Date: 19 January 1630
Case No. No 347.

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

Brenton pursues Agnes Maxwell for certain merchant wares, furnished to her upon her letter subscribed with her hand, the time of her widowhood. It was alleged, That the letter cannot prove, because it wants witnesses. For supplying thereof, the pursuer referred to her oath, that the subscription is her own hand writ. It is alleged, That seeing she is now married, her deposition should not be taken in prejudice of her husband. The Lords ordained her to give her oath upon the verity of the subscription of the letters, which ought to bind her husband to pay just debt contracted in her widowhood.

Fol. Dic. v. 2. p. 241. Auchinleck, MS. p. 265.

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/1630/Mor2912490-347.html