Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VIII.
The Wife how far valens agere without concourse of her Husband.
Subject_3 SECT. III.
A Wife may prosecute her Husband, with a Curator ad litem.
Inglis v. Aikit
Date: 8 July 1642 Case No. No 255.
A wife, without concourse of her husband, was allowed to insist against him in a reduction of her contract of marriage upon minority and lesion.
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In an action of reduction pursued by Anna Inglis, with consent of young Aikit her husband, against old Aikit her father-in-law, for reducing of her contract of marriage, upon the reason of lesion, minority, and revocation, wherein her husband compearing and declaring that he would not concur non assist this pursuit, the Lords, notwithstanding of the husband's refusing to concur with the pursuit, sustained the process, seeing in effect now the process was betwixt the husband and his wife, for seeing the husband's father, who was defender, and was called in the process, was dead, and that the husband who refused to concur with his wife, was heir to his father, whereby the husband became directly the party to defend the contract, therefore the Lords sustained the pursuit, although betwixt the husband and the wife Item, The husband alleging the wife to be past annos utiles before intenting of this action, the wife alleging her minority then, was preferred.
Act. Stuart.Alt. Nicolson.Clerk, Gibson.
Fol. Dic. v. 1. p. 406. Durie, p. 898.
