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Lo. Roxburgh v Lady Orkney. [1613] Mor 6069 (27 July 1613)
URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor1506069-276.html
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Lo Roxburgh v. Lady Orkney
Date: 27 July 1613 Case No. No 276.
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In an action betwixt the Lo. Roxburgh and La. Orkney, for declaring of her liferent lands, holden of the La. of Brughton, as fallen in his hands by her rebellion, for year and day; the Lords fand a horning of lawburrows, executed against her stante matrimonio, to be lawful. Item, they fand ane horning executed against her at the instance of ane, upon a decreet recovered against her principaliter, and against her husband for his interest, null, because, stante matrimonio, execution could not follow against her, but against her husband.
Fol. Dic. v. 1. p. 408. Kerse, MS. fol. 64.*** Haddington reports the same case:
Ane horning executed against the Countess of Orkney, for not finding law surety, was sustained, albeit her husband was not charged, albeit though alleged that she could not find caution stante matrimonio, not being able to give a sufficient bond of relief without her husband; nevertheless the horning was sustained, as proceeding upon her disobedience; and her liferent decerned to fall by that horning at the insance of her oye her superior.
