Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Scot v. Chisholm
Date: 22 March 1628 Case No. No 278.
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Walter Scot (assignee constitute by Mr Patrick Shaw to a bond made by umquhile Gavin Elliot of Burgh, and Margaret Chisholm his spouse, whereby they were obliged to infeft Mr Patrick in an annualrent of 300 merks out of their lands of Burgh, &c.) charged Margaret Chisholm, relict of Gavin, to pay the said annualrent since the date of the bond. She suspended upon this reason, that the time of subscribing the bond she was clothed with a husband, and did it ex metu et reverentia maritali, and therefore there should no personal execution follow upon it against her. Alleged, The letters ought to be found orderly proceeded, because she being infeft in these same lands out of which the annualrent was due, and that not by virtue of a contract of marriage, but long thereafter, she has possessed the same continually since, and uplifted the duties thereof, and therefore she ought to pay the said annualrent wherein the charger was infeft with her consent, which was a tacit revocation of her infeftment. The Lords found that she should pay the said annualrent during her possession of the said lands.
Spottiswood, (Husband and Wife.) p. 156.
* * * See Durie's report of this case, No 11. p. 1729.
