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L. of Ulysses-haven v Lady Bonnington. [1611] Mor 5957 (12 June 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor1405957-160.html Cite as:
[1611] Mor 5957
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. IV.
Personal Bond not binding upon a Wife, although her Husband consent.
L of Ulysses-haven v. Lady Bonnington
Date: 12 June 1611 Case No. No 160.
A personal bond, granted by a woman stante matrimonio, is not effectual against her; and it does not alter the case, whether she be principal or cautioner, or whether her husband consent or not.
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A woman being bound by an obligation with her husband to pay a moveable sum, and to relieve those that are his cautioners in the bond; if, after the husband's decease, she be charged to pay the sum, or to relieve the cautioners, the same will have no execution against her, because the bond will not in that point concern her, unless it were for securities to be made forth of her conjunct-fee lands; and albeit the party or cautioner allege and offer to prove that she received the money, was praposita negotiis, and had persuaded the cautioners to be bound, and had promised to relieve them, that will not sustain the bond against her.
