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Scottish Court of Session Decisions >>
Porter v Law. [1631] Mor 6071 (29 January 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor1506071-280.html Cite as:
[1631] Mor 6071
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Porter v. Law
Date: 29 January 1631 Case No. No 280.
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A Relict being charged to pay a sum, which she, and her husband with her, were obliged to pay to the creditor; and she alleging, that the obligation being made by her with her husband stante matrimonio, no execution now after his decease could follow against her, but only against her husband's heirs or executors, the Lords found the reason relevant, seeing the relict was not obliged in law to pay the same, albeit the charger answered, That she was also bound, and that she was præposita negotiis also by the husband, which præpositura the Lords found made not the relict obliged; but would infer, that albeit the husband had not been bound in the bond, as he indeed was, yet the husband's heirs and executors were convenable therefor, and not the relict; for that prepositure made the husband liable to the debt.
Act. Cunninghame.Alt. Lermonth.Clerk, Scot.
Durie, p. 561.
