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Scottish Court of Session Decisions >>
Janet Kincaid v Provost Coltrain in Wigton. [1693] 4 Brn 102 (15 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040102-0236.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Janet Kincaid v. Provost Coltrain in Wigton
Date: 15 December 1693
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The Lords thought it hard to take away the bonds, (which were now in his hands, and so became his evidents;) especially seeing she had accepted of the discharge. Yet, being an ignorant woman, and that there was some appearance that the arbiters had wronged her by mistake, in thinking some bonds she had in her own name, at the time of her marriage, would fall under the jus mariti; whereas they were heritable quoad maritum, they bearing annualrent, and their term of payment being past before the marriage; therefore they, before answer, allowed the commoners and witnesses to be examined upon what motive they decerned her to give the 1200 merks-bond; if it was in contemplation of these sums, which they supposed would have belonged to her husband, but truly did not. And though Provost Coltrain had given his oath upon it already, yet it was but an oath of calumny, and could not hinder the expiscation.
