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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston of Scheens v Alexander Brown. [1665] Mor 2232 (15 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0602232-102.html
Cite as: [1665] Mor 2232

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[1665] Mor 2232      
Subject_1 CITATION.
Subject_2 SECT. XXI.

Citation in Processes of Mails and Duties and Removings.

Johnston of Scheens
 v.
Alexander Brown

Date: 15 July 1665
Case No. No 102.

In a removing there was found no process, all parties having interest not being called, viz. the defender's wife, in respect he possessed but by his jus mariti in her right.

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Johnston being pursued to remove from certain lands, it was alleged, no process; because all parties having interest were not called, viz. the defender's wife, in respect he possest, but by her right jure mariti, and she was not warned.

Which the Lords found relevant.

 Fol. Dic. v. 1. p. 140. Stair, v. 1. p. 299.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0602232-102.html