Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. II.
How far Prępositura presumed to extend.
Macmath v. Home
Date: 16 March 1622 Case No. No 219.
A person having borrowed money from a wife, and given his obligation, was found in tuto to repay the sum to the wife and retire his obligation, though he was informed by the husband that the money was his.
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Sir George Home was pursued by William Macmath, to make payment to him of a certain sum of money, alleged borrowed by the said Sir George from Janet Nisbet, spouse to the said William Macmath, whereupon he had given to her his obligation, and which the said William alleged he had intimated to the said Sir George, while he remained debtor in the said sum; and this summons was referred to Sir George his oath, who granted the borrowing of the sum from the said pursuer's wife, and that he had given her his obligation thereupon, and that William Macmath acquainted him therewith, and desired him to take order for the same before he had repaid the sum; but he declared, that thereafter he had paid the sum to the pursuers wife, to whom he was bound by his bond, and retired his own bond again out of her hands, &c. which payment made to the wife, the Lords sustained, and assoilzied the defender from the husband's pursuit.
The like was done 19th July, 1634. betwixt Guthrie, cook in Edinburgh, and Betson of Cardin; where upon a bond and inhibition delivered by the creditor's wife to the debtor, who had payed a part of the debt to the wife, for the rendering the same to him, it was not sustained to free the debtor at the Creditors hands, viz. the husband who knew not of the delivery.
Fol. Dic. v. 1. p. 403. Durie, p. 22.Act.Alt. Nicolson younger.Clerk Scot.
