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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr James Creychtoun v Martine Creychtoun. [1565] Mor 1702 (9 Nov 1565)
URL: http://www.bailii.org/scot/cases/ScotCS/1565/Mor0401702-019.html
Cite as: [1565] Mor 1702

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[1565] Mor 1702      
Subject_1 BONA ET MALA FIDES.
Subject_2 SECT. IV.

How far the Command of a Superior infers Bona Fides.

Mr James Creychtoun
 v.
Martine Creychtoun

Date: 9 Nov 1565
Case No. No 19.

Found, that though a wife was accessory to a spulzie committed by her husband; yet, after his decease, she could not be pursued for it.

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The wife may not be callit or perseuit as wife after his husbandis deceis, for spulzie committit be hir husband, and be hir in his company, alledgand hir to have assistit him thairintill; becaus the husband is principall and heid over his wife: The same thairfoir is understand to be done be him principallie and allanerlie; and thairfoir his airis and executouris sould be callit thairfoir.

 Fol. Dic. v. 1. p. 106. Balfour, (Husband and Wife.) p. 94.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1565/Mor0401702-019.html