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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
- v. -
Date: 25 January 1663
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A woman being convened to pay a debt, conform to a bond granted by her and her husband; Excepted, The bond is null quoad eam, being then clad with a husband.
Reply,—She had thereafter ratified the bond and debt judicially, extra præsentiam mariti, and so could not quarrel the same.
Duplied,—The ratification could operate nothing against her, being super actu ex se illicito, and intrinsically null; a woman clad with a husband not being a person who could contract debt. This was desired to be heard in præsentia.
