A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. III.
Furnishings to a Wife, whose Husband has deserted her.
Hay v. Corstorphin
Date: 23 June 1663 Case No. No 159.
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There being a decreet recovered at the instance of Euphan Hay, shopkeeper in St Andrew's, against Elizabeth Corstorphin, for certain commodities furnished to the defender for her house; this decreet being recovered before the Bailies of the regality, was brought in question before the Lords, upon this ground, That the defender, the time of the furnishing, was clad with a husband, and so she could not be liable for any debt contracted by her stante matrimonio.—To which it was answered, That by the space of 15 years the defender was keeper of a house, and lodged boarders proprio nomine, there being diverse reports for the time of her husband's death, in which time the particulars libelled were furnished to her for the use and necessity of her family and boarders.
The Lords sustained the decreet.
Fol. Dic. v. 1. p. 398. Gilmour, No 83. p. 65.*** Stair reports the same case:
The said Euphan having obtained decreet against the said Elizabeth for certain furniture to her house, she supended on this reason. That her husband was not called. The charger offered to prove, in fortification of her decreet, that her husband was 20 years out of the country, and she reputed as widow.
