[1678] Mor 12533
Subject_1 PROOF.
Subject_2 DIVISION III. Public Instrument, how far Probative.
Subject_3 SECT. IV. Decrees, Acts of Court, &c.
Date: Gordon or Glendinning
v.
Maxwell
15 February 1678
Case No.No 416.
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It being objected against an act of Court, bearing a wife's judicial ratification, that it was not subscribed by her the party; answered, By act 83d, Parliament 1481, the act of Court subscribed by the proper officer is a legal proof of the fact. Answered, The intention of that act is not to fix what shall be understood a legal proof of a wife's judicial ratification, but that a judicial ratification shall be effectual in law to bar any challenge upon the head of force or fear. The Lords sustained the objection, and found the act not probative.
*** This case is No 353. p. 6144. voce Husband and Wife.
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