Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
- v. Sir Andrew and Lady Dick
Date: 20 January 1672
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Sir Andrew Dick's lady and himself being pursued upon a bond granted by her, it was alleged to be null, because given by a wife clad with a husband, without his consent. Answered, 1mo, She was præposita negotiis, and the subject matter of the bond was what fell under her præposition, viz. for meat and drink furnished; and so being ob alimenta famïliæ præstita, it was in rem mariti versum; and that it was for the price of victual, refers to her oath. replied, The wife can depone nothing in prejudice of her husband.
Yet the Lords found in this case, the wife ought to depone; and she confessing that to have been the cause of the bond, they would sustain it. Yet see Hadington, 23d June 1613, Clement Russell against the Earl of Argile, which seems somewhat contrary.
