Scottish Court of Session Decisions

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION V.

A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. VIII.

Effect of alienation by a Wife of her own Property, with her Husband's consent.

Ridpath
v.
Yair

Date: 21 January 1674
Case No. No 198.

A wife with consent of her husband sold her lands and bound herself for warrandice and delivery of a progress. These obligations were sustained, though granted stante matrimonio.

Click here to view a pdf copy of this documet : PDF Copy

Janet Yair being an heretrix of certain tenements, she with consent of her husband dispones the same to George Ridpath, and became obliged for warrandice and delivery of a progress of evidents; and being charged upon these clauses, she suspends, and alledges, that she being clad with a husband, her obligation was null. It was answered, that wives being infeft in lands, may actually dispone or burden the same with the ordinary clauses, which are always effectual, as accessory and requisite to the disposition. It was replied, that the benefit of this disposition came to the husband, so it was a donation betwixt man and wife revocable; for it was all one whether the wife disponed to the husband, or to a third party, that he might get the price. It was duplied, that the buyer was not to consider who got the price, and that the wife had ratified the disposition after her viduity.

The Lords found the wife liable for the warrandice and delivery of the evidents, conform to her disposition.

Fol. Dic. v. 1. p. 400. Stair, v. 2. p. 255.