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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson v Watson. [1772] 5 Brn 474 (00 January 1772) URL: http://www.bailii.org/scot/cases/ScotCS/1772/Brn050474-0484.html Cite as: [1772] 5 Brn 474 |
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[1772] 5 Brn 474
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 HUSBAND AND WIFE.
Robertson
v.
Watson
1772 Click here to view a pdf copy of this documet : PDF Copy
In a case observed 111, New (Faculty) Coll., No. 67, the Lords found, that an adjudication of a wife's lands, proceeding on her personal obligement, contained in an heritable bond, granted over said lands, by her and her husband, is null, so far as it adjudges the lands.
They found the same, Winter Session 1772, Robertson against Watson. The Lord Monboddo, Ordinary, had (26th June 1772,) found, “That an heritable bond, granted by a wife stante matrimonio with consent of her husband, can be made effectual against her lands by adjudication, if the money is not paid.” But the Lords altered, and found, that, as the adjudication was sought to be led on the personal obligation of the wife, no decree could be pronounced.
The electronic version of the text was provided by the Scottish Council of Law Reporting