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Scottish Court of Session Decisions >>
Watson v Bruce. [1672] Mor 5964 (18 July 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor1405964-167.html Cite as:
[1672] Mor 5964
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. IV.
Personal Bond not binding upon a Wife, although her Husband consent.
Watson v. Bruce
Date: 18 July 1672 Case No. No 167.
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One having granted an assignation bearing to be for relief of a debt, wherein the assignee stood cautioner for him, and also for relief to his wife of another debt wherein she was cautioner; against the wife pursuing the assignee for her relief, it was objected, that her cautionry obligation was null, and therefore, quoad her, there was no debt to demand relief of. Answered, A wife's personal bond, as it is a valid natural obligation, so it is sufficient by our law to found an action, only the law gives the debtor a perpetual exception to protect her from payment; this exception is a privilege she may use or not at her pleasure, and if she is willing to wave her privilege, she must be entitled to relief equally with any other cautioner. The Lords found, that the pursuer might forbear to make use of her privilege as a wife, and insist for her relief as a cautioner.
