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Scottish Court of Session Decisions >>
Finlayson's Wife v Wood. [1624] Mor 2235 (15 June 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0602235-108.html Cite as:
[1624] Mor 2235
Citation in Process of Forthcoming. - In Adjudication. - In Reduction ex capite inhibitionis.
Finlayson's Wife v. Wood
Date: 15 June 1624 Case No. No 108.
A comprising was sustained although a wife infeft was not called thereto; as there was no right comprised from her, but only what right her husband had jure mariti.
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In an action of double poinding betwixt Walter Finlayson's wife and John Wood, who, for a debt owing to him by the said Walter, had comprised an annualrent, wherein the said Walter's wife was infeft out of the lands pertaining to the Lord Sanquhar; and which comprising being deduced at the instance of the said John Wood, against the said Walter, for the said annualrent, in so far as it pertained to him jure mariti, it was quarrelled, because the wife, who was principal party, having right to the annualrent, and in whose person the same was principally inherent, (for it belonged only to the husband pro interesse) was not cited to the deducing of the comprising, whose right could not be taken from her, except she had been expressly called thereto; this allegeance was repelled, and the comprising was sustained; for the Lords found no necessity to cite her, seeing there was no right comprised from her, but only the right which the husband had thereto jure mariti, during their marriage. Sicklike, this comprising being quarrelled, because it was deduced by John Wood, who, the time of the deducing thereof, was paid of the debt, for the which he comprised; this also was repelled, because the payment was made by the cautioner in the bond granted to him, to whose use, and for whose relief, albeit in his name, the said comprising was deduced.
Act. Aiton.Alt. Nicolson, jun.Clerk, Gibson.
Fol. Dic. v. 1. p. 141. Durie, p. 128.
