The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. IV.
Execution by leaving a Copy.
Adam Keir v. John Robertson
Date: 10 July 1702 Case No. No 102.
An inhibition against a woman, who was fiar of lands, and her husband, being executed only against the husband, personally apprehended out of his house, was found null.
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This was a reduction of an inhibition served against a wife and her husband, she being fiar and heiress of the lands; against which it was objected, That the inhibition was null quoad the wife, because the execution bore no copy given to her, but only to the husband.—Answered, The wife, in construction of law, is not sui juris, but sub potestate mariti, who is tutor, curator, and administrator of the law to her, and so a copy given to the husband is equivalent as if it had been given to her, even as a summons to a tutor would serve for a citation to a pupil or minor.——The Lords considered, if the copy had been given at the husband's dwelling house, it might have been sustained as sufficient, that being likewise the wife's domicil; but being delivered to him personally apprehended elsewhere, it could not supply the defect of an execution against the wife who had the principal interest, the husband being only pro interesse; therefore, upon this informality, they reduced the inhibition as null quoad the wife, though the copy bore to have been given to the husband, both for himself and his wife.
Fol. Dic. v. 1. p. 265. Fountainhall, v. 2. p. 154.
