What understood to make a lis pendens. - Assignation granted pendente lite. - Marriage pendente lite. - Encroachments pendente lite. - Titles made up pendente lite.
Margaret Edgar v. John Murray
Date: 29 January 1663 Case No. No 3.
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Margaret Edgar having charged John Murray, as cautioner for the umquhile Viscount of Stormont, he suspends and offers him to prove by her oath, that she transacted with him to accept a decreet against the principal to free him. The charger answered, that she being a wife clad with a husband, could not swear in his prejudice. The suspender replied, that before her marriage, he had raised a pursuit, and cited her to see it found and declared, he was free of cautionry, in respect of the said transaction, and so the matter being litigious, her marrying during the dependence cannot exclude him from his oath, but must work against her husband, who is only juri mariti a legal assignee.
