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Home v The Countess of Murray. [1667] Mor 5983 (18 June 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor1405983-183.html Cite as:
[1667] 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.
Home v. The Countess of Murray
Date: 18 June 1667 Case No. No 183.
A Lady, assignee to a gift of escheat, granted bond for a sum or alternative to repone the donatar. Although the obligation tion was granted without her husband's consent, it was not found null.
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James Home of Beaprie having assigned to the Countess of Murray the gift of escheat of Sir John Kininmonth, and certain debts due by the said Sir John, the Lady, by her bond, granted that she had got the said right, and obliged herself either to make payment to the said James of the foresaid sums, or to repone him to his own place. The Lady being pursued upon the said bond, alleged that it was null, being granted by her during her marriage, without her husband's consent.—It was answered, That the desire of the summons was alternative, either to pay or repone the pursuer, et deceptis non decipientibus succuritur.—— The Lords having debated amongst themselves upon the reason of the law annulling deeds stante matrimonio done by wives; and some argued, that women married are not in the condition of pupils who have not judicium, nor minors who have not judicium firmum, and that they are liable ex delicto vel quasi, and ex dolo;—The Lords, before answer to the debate, whether her assertion in the bond, viz. that she had received the writs mentioned in the same, should be obligatory, at least so far as to repone the pursuer, they ordained her to be examined anent the cause of granting the bond.
