Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VIII.
The Wife how far valens agere without concourse of her Husband.
Subject_3 SECT. I.
Cannot pursue without being authorised by her Husband, or a curator ad lites if the Husband decline.
Lady Colluthie v. Maxwell
1581.
May. Case No. No 244.
The Lords refused to sustain process at the instance of an heiress without concourse of her husband, altho' his fraud in declining to concur was manifest.
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There was a gentlewoman called C. Lady R., heretrix and portioner of the lands of R., that gave in a supplication, and desired her husband, the Laird of F. Maxwell, to concur and authorise her in her pursuit in an action and cause against the Laird of C., because the party sought process against her, and alleged against her, That she had no person to stand in judgment without her husband, quia fraudulenter et malitiose actum fuit ex parte viri, et maxime apparebat nonullis dominorum consilii. The Lords would not grant the desire of the supplication, and found, by interlocutor in making answer to the bill, that she had no place to stand in judgment without the consent of her husband. Ego tamen, et Dominus C. in contraria fuimus opinione, nam succurend, fuit mulieri in hoc casu propter apertam viri fraudulentiam; et ita in suprema parisia curia judicatum fuisse, ut vir cogi potuit auctoritatem in causa civili et criminali uxori impertire, affirmat Joannes Jubertus in contractu suo de jure gallico de uxoris titulo et viri mutua successione.
