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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Christian Davie, and James Gibsone, Her Spouse, v James Wricht. [1649] 1 Brn 415 (12 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010415-1110.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Christian Davie, and James Gibsone, Her Spouse,
v.
James Wricht
1649 .July 12 and13 .Click here to view a pdf copy of this documet : PDF Copy
In the suspension by Christian Davie, and James Gibsone, her spouse, against James Wricht, the reason was, that decreet was given against her, clad with a husband, he being out of the country, and not cited. Whereto it was answered, That litiscontestation was made in the cause before their marriage, and referred to her oath, &c. suppose there intervened before the decreet meikle of a year, and suppose the marriage was celebrated a half-year before the said decreet; quia subsequens matrimonium non debet deteriorem facere actoris conditionem, judicio sic mutato. And the Lords sustained the decreet.
Page 56.
The electronic version of the text was provided by the Scottish Council of Law Reporting