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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Eleis
v.
Wiseheart
19 July 1666 Click here to view a pdf copy of this documet : PDF Copy
A wife being obliged, with her husband, to pay a sum of money, and to infeft a creditor in her land: though the bond was not sustained as to the personal obligement to pay, yet it was found valid as to the obligement to infeft, and the procuratory of resignation contained in the bond: And the wife, notwithstanding, having disponed her land, she was found liable for the sums, as damage and interest.
This decision seems hard; in respect, albeit a woman may dispone her land with consent of her husband, yet she cannot bind to pay a sum of money: and, in the case foresaid, non agebatur that she should dispone her lands; but that she should be liable to the creditor, and, for surety, he should be secured in her land; and the principal obligation being void, the accessory of surety could not subsist.
Page 10.
The electronic version of the text was provided by the Scottish Council of Law Reporting