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Scottish Court of Session Decisions >>
Clement Russel v The Earl of Argyle. [1613] Mor 5878 (8 June 1613)
URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor1405878-093.html Cite as:
[1613] Mor 5878
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION III.
Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. I.
Husband bound to aliment and provide for his Wife.
Clement Russel v. The Earl of Argyle
Date: 8 June 1613 Case No. No 93.
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In an action betwixt Clement Russel as donatar to the escheat of Robert Erskine against the Earl of Argyle, the Lords sustained a bond made by Dame ———— Douglas, spouse to my Lord Argyle, containing ———— merks to the said Robert Erskine, notwithstanding the bond was borrowed, and not subscribed by my Lord, and that because her Ladyship was illustris persona; and it was offered to be proved my Lord was out, of the country the time of the making of the bond.
It was alleged, That the Lords decided otherwise against the La. Holyrood-house, viz. they found her own bond sufficient against herself, and not against my Lords heirs.
