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Cuthbertson v William Cunyghame. [1671] 2 Brn 550 (30 June 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020550-0927.html
Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Cuthbertson v. William Cunyghame
Date: 30 June 1671
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In Cuthbertson's case against William Cunyghame, (the informations whereof I have beside me,) the Lords found this allegeance relevant to liberate from intrusion and spulyie, viz. that the defender entered to the house alleged intruded into, and wherein the goods spulyied were lying, by warrant from pursuer's wife, (he having only right thereto jure mariti, ) she delivering to him the keys thereof, and setting to him the house at the just avail, so that she was utilis negotiorum gestrix, and did her husband's affairs profitably; and that this might be proven, prout de jure or by the wife's oath, which may be taken in prejudice of her husband, when it is ad distractum, and to liberate another a spolio, but not ad contractum or to burden her husband with a debt: neither did they regard whether it was done by order and warrant from her husband or no.
