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Scottish Court of Session Decisions >>
Thomas Wilson v Robinson and Abercromby. [1688] Mor 12493 (2 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor2912493-354.html Cite as:
[1688] Mor 12493
Wife's Oath with regard to Transactions before Marriage, if relevant against the Husband.
Thomas Wilson v. Robinson and Abercromby
Date: 2 February 1688 Case No. No 354.
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A man and his wife being pursued upon a note granted by her before their marriage;
It being alleged for the defenders, That the note was null, being only subscribed by the initial letters of the wife's name, and the writer not being designed, and having but one witness, a woman; the pursuer offered to prove by the wife's oath, that she signed the initial letters.
Alleged for the husband, That his wife's oath could not operate against him.
Answered, A debt simply constituted by a wife's oath, will not militate against her husband; but here the wife does only adminiculate the debt.
The Lords repelled the allegeance for the husband, in respect of the answer.
Fol. Dic. v. 2. p. 241. Harcarse, (Stante Matrimonio.) No 887. p. 252.
