Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. IV.
Operation of Inhibition in taking off the effect of Prępositura.
Widow Auchinleck v. Earl of Monteith
Date: 23 June 1675 Case No. No 232.
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Inhibition being served against a wife, and she being provided in a livelihood by her husband, the Lords found him not bound to pay any furnishing, and abulzeaments for her, although the merchant was ignorant of the inhibition.
Fol. Dic. v. 1. p. 404.
*** See Gosford's report of this case, No 95. p. 5879.
*** Dirleton reports the same case:
Widow Auchinleck pursued the Earl of Monteith, for the price of certain ware for his Lady's clothes, extending (conform to an account) to the sum of L. 177. It was alleged for the Earl, That the said ware was furnished after he had served inhibition against his Lady that she should not contract debt to his prejudice. Whereunto it was answered, That the said furnishing was necessary for the Lady's clothes, and albeit after inhibition, she could not contract debt to her husband's prejudice, yet the Earl being obliged to furnish her clothes and other necessaries, he will be liable for what is furnished to her necessarily.
The Lords, (upon the report of the debate foresaid) having considered the inhibition, and that the execution of the same was not registrated, were of the opinion, that the said inhibition was null; but because it was not questioned by the defender, they ordained that the reporter should hear, what answer the defender's procurators could make as to the said nullity.
It was thought hard by some of the Lords, that a merchant, after inhibition at the husband's instance, furnishing bona fide to the wife, should be frustrated upon the pretence of an inhibition, unless either the said inhibition had been intimated, to the merchant, or it were notourly known that the wife was inhibited; seeing such inhibitions are granted without any ground either of writ, as bond or contract, or the dependence of a process, but only upon a bill and desire of the husband,sine causæ cognitione; and it were hard, that merchants, when persons and Ladies of quality come to their shops for buying their ware, should go to the registers and try whether they be inhibited; but these points were not decided.
