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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Makcala
v.
Scot
16 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the pursuit, Makcala against Scot, the reason of suspension proponed by Scot, That she was clad with a husband when she gave the bond,—was repelled as irrelevant; because it was offered to be proven that her husband was separated from her, and she had pursued sundry actions without his concourse, wherein she had prevailed. And this maxim of law,—That a woman clad with a husband cannot be bound,—obtains only where her husband may suffer prejudice if she should contract debt; or, if she herself should be prejudged by subscribing of bonds with her husband, reverentia maritali.
Page 170.
The electronic version of the text was provided by the Scottish Council of Law Reporting