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Andrew Wardlaw v The Laird of Torrey's Heirs. [1561] Mor 1702 (21 March 1561)
URL: http://www.bailii.org/scot/cases/ScotCS/1561/Mor0401702-018.html Cite as:
[1561] Mor 1702
How far the Command of a Superior infers Bona Fides.
Andrew Wardlaw v. The Laird of Torrey's Heirs
Date: 21 March 1561 Case No. No 18.
Although a decree of spuilzie and ejection was obtained against a husband and his wife, as joint actors; yet it could receive no execution a-against the wife or her executors.
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An decrete of spulzie and ejectioun being obtenit aganis the husband and wife, as wife and conjunct persoun with him, and being present with him the time of committing the spulzie or ejection, sould not resave execution, nather in all nor in part, aganis the said wife or her executouris; albeit scho in his lifetime, and lang befoir the committing of the said spulzie was præposita negotiis mariti; bot the executioun of the said decrete aucht and sould come haillelie upon hir said husbandis landis, guidis and geir, becaus the husband sould answer for all his wife's deidis civiliter.
Fol. Dic. v. 1. p. 106. Balfour, (Husband and Wife.) p. 94.
