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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Adam Gairns v Elizabeth Arthur. [1667] Mor 5954 (19 December 1667) URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor1405954-155.html Cite as: [1667] Mor 5954 |
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[1667] Mor 5954
Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION V. A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. II. Furnishings to a wife who has a separate aliment.
Date: Adam Gairns
v.
Elizabeth Arthur
19 December 1667
Case No.No 155.
A married woman found liable for drugs furnished to her and her children by her orders, she having an estate from which her husband was excluded.
Click here to view a pdf copy of this documet : PDF Copy
Adam Gairns as assignee constituted by Patrick Hepburn, pursues Elizabeth Arthur for the drugs furnished to her, and her children at her desire; it was alleged absolvitor, because she was, and is clad with a husband, and the furniture could only oblige him, but not her. It was replied, That she had a peculiar estate left by her father, wherefrom her husband was secluded, and which was appointed for her entertainment, that her husband was at that time, and yet, out of the country, and hath no means.
'The Lords found the reply relevant.
The electronic version of the text was provided by the Scottish Council of Law Reporting