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Bailie Gartshore v Elizabeth Brand. [1683] Mor 6076 (00 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1506076-289.html Cite as:
[1683] Mor 6076
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Bailie Gartshore v. Elizabeth Brand
1683.
March. Case No. No 289.
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A wife bound in a bond with her husband to pay a sum, competing with the creditor upon her right of jointure as prior and preferable,
Alleged for the creditor; That the wife had judicially ratified the bond upon oath; and although such an oath hath been found not to hinder to deny and defend against payment, yet it imports a non repugnantia, that the wife shall not obtrude her rights (though otherwise preferable) against him, when he was debtor to her husband's estate.
The Lords ordained the point to be heard in presence, if the oath imported a non repugnantia; but it appearing, from the ratification, that it was only judicial, and not upon oath, the debate was delayed, and the matter ended in a transaction.
Harcarse, (Stante Matrimonio.) No 877. p. 248.
*** See Fountainhall's report of this case No 102. p. 987.
