Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 10 November 1671
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A Certain person pursuing a woman to relieve him of some ministers' stipends paid by him for his possession of some lands set to him in tack by this woman; alleged absolvitor from this, because the time she signed it, she was vestita viro, and so it cannot oblige her. replied,—She cannot be heard, because he offers him to prove she has homologated the said tack since her husband's decease, by accepting of the tack-duty, and granting discharges thereupon. Duplied,—What payment she has got must never be reputed ratihabition of the tack, because she ascribes it to another cause, viz. her liferent infeftment.
