Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VIII.
The Wife how far valens agere without concourse of her Husband.
Subject_3 SECT. II.
Whether a Wife may prosecute legal Diligence, and appear for her interest in a Process, without concourse of her Husband.
Laird of Craigie v. Hepburn
Date: 23 January 1541 Case No. No 250.
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The Laird of Craigie warned Jean Hepburn spouse to Peter Oliphant, to flit and remove from certain lands. Compeared the said Jean, and alleged the lands to pertain to her in conjunct fee, as spouse to umquhile the Laird of Craigie. It was answered, That she ought not to be heard to make any defence, because Peter her husband was at the horn, et vir est caput uxoris, and he being in life, she had no power to stand in judgment. She answered, That she claimed not the right of these lands by Peter Oliphant her present husband, but by her first husband, quia sunt donatio propter nuptias et fundus dotalis, which in no ways could be taken away from her for his default. The lords, notwithstanding, admitted her to stand in judgment, and propone her defences.
Fol. Dic. v. 1. p. 406. Sinclair, MS. (Pitmedden's Copy.) p. 159.
