[1633] Mor 2710
Subject_1 COMPETENT.
Subject_2 SECT. V. Whether Reduction be requisite of Decrees Arbitral; - Of Legal Instruments; - Of Inhibitions; - Of a Deed executed by a Woman vestita viro; - Of a Decree of Preference in a Multiplepoinding.
Date: Scot
v.
Brown
29 January 1633
Case No.No 24.
An exception against a wowan's bond, that it was granted in her widowhood, but after proclamation of her banns with a second husband, was found relevant, and received summarily, without necessity of reduction.
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In a pursuit against one Scot and her Husband for his interest, for payment of L. 100 contained in a bond, given by her in her widowhood; the husband alleging the bond to be null, because it was given by this defender, now his wife, (albeit then a widow) yet it was granted after her banns of marriage with this defender the second husband were proclaimed publicly in the parish church, and marriage was compleated after the said proclamations were ended immediately, so that she could do no deed after that proclamation which might oblige her husband. This allegeance was found relevant, and received summarily against the bond, without necessity of reduction. See Husband and Wife.
Act. ——. Alt. Burnet.
The electronic version of the text was provided by the Scottish Council of Law Reporting