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Scottish Court of Session Decisions >>
Anent Bonds by Married Women. [1677] 3 Brn 184 (00 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030184-0226.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Bonds by Married Women
1677.
November.
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What if a woman grant a bond with her husband, and swear never to come in the contrary, nor to quarrel or impugn it, if she be charged for the sum, and allege absolvitor, ex senatus-considto Velleiano, as being married at the time, whether the oath integrates the obligation, so as to make her liable? Either she is bound as principal, or as accessary with her husband, et eadem facilitate jurat qua contrahit. See the Authent. C. Si adversus venditionem, beginning Sacramenta Puberum. See Dury, March 16, 1622, Sir George Home against Macmath. Vide supra, June 26, 1677, Charles Oliphant and Provost Curry.
The Lords, on the 8th of November 1677, found the bond, ipso jure, null, quoad the woman, because then vestita viro, though the bond was juramento vallatum. Vide infra, No. 4, in Barbara Grant and Cuthber’s case.
