Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. V.

Wife's Oath with regard to Transactions before Marriage, if relevant against the Husband.

Marshall
v.
Bassil

Date: 11 February 1676
Case No. No 352.

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A woman who was tutrix to her son, having married a second husband, whom the minor chose to be his curator, in an actio tutelæ against the mother and her second husband, where her intromissions were referred to her oath, it was objected, not a relevant proof against the husband. Answered, It being known to the husband, that his wife was left tutrix, and that she had administrated accordingly, the pursuer cannot be prejudged by the marriage, being ante rationes redditas. The Lords did find the charge was relevant to be proved by the wife's oath to bind the husband, he himself being curator, and knowing that she was tutrix, and so constituted debtor to count.

Fol. Dic. v. 2. p. 240. Gosford.

*** This case is No 63. p. 5852, voce Husband and Wife.