Click here to view a pdf copy of this documet : PDF Copy
It being alleged against a wife's ratification of a deed granted with her husband, in prejudice of her jointure, That the same was elicited from her when she was in labour, and had her pains, and so was not in a condition to consider what she did, and that they should be looked upon as done mortis causa; and so is quarrelable now after her husband's decease.
The Lords ordained witnesses to be examined ex officio, and allowed some women witnesses.
Fol. Dic. v. 1. p. 421. Harcarse, (Stante Matrimonio.), No 874. p. 248.*** Sir P. Home reports the same case:
1683. January.—Mary Kerr, relict of Adam Kerr of Belford, having pursued a reduction against Robert Scot of Horsliehill, of a disposition made by her husband to Horsliehill, of the lands wherein she was infeft, to which she was subscribing consenter, upon this reason, That the time of her subscribing the disposition she was under the pains of child-birth, and so was not capable to consider what she was doing, and that it was represented to her that it was but a temporary right, whereas it was an absolute disposition; and she being in her pains, she could neither read it nor hear it read to her;——The Lords, before answer, ordained the writer and witnesses, and commoner's midwife, and others who were present at the time, to be examined upon the true matter of fact, and the way and manner of eliciting the pursuer's consent to the ratification.
