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Scottish Court of Session Decisions >>
Rutherford v Halcro. [1630] Mor 6071 (20 November 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1506071-279.html Cite as:
[1630] Mor 6071
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Rutherford v. Halcro
Date: 20 November 1630 Case No. No 279.
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In a suspension of a bond of L. 48, made by Halcro to Rutherford, because it was made by a woman, stante matrimonio, with the husband's consent, so that if any execution should be thereon, it ought to be against the husband's executors, and not against her, the Lords sustained the charges against the relict, maker of the bond, because it was offered to be proved by the relict's own oath, that the bond was given for aliment furnished to her, she being here employed in doing of her husband's affairs, and for supply of her necessity; which the Lords sustained, and found it not necessary that the charger should pursue the husband's heirs or executors therefor, but reserved action to the relict to seek her relief against them for the same prout de jure.
