Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. II.
How far Prępositura presumed to extend.
Robert Brown in Balleny, v. Adam Dickson, Merchant in Dumfries
Date: 26 December 1711 Case No. No 223.
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Robert Herries's wife having, in her husband's absence, sold to Robert Brown certain goods belonging to her husband, in payment of a debt owing by him to Brown, whereof Brown delivered up the instructions, with a discharge to the wife in name of her husband, at getting the goods; and Herries having never after his return reclaimed against delivery of the goods, nor sought them back; the Lords, in a process at the instance of Robert Brown against Adam Dickson, found, That the property of the goods was thereby effectually transferred from Herries to Brown, and could not be affected by legal diligence at the instance of Herries's other creditors; in respect the husband's silence and detaining the writs delivered to his wife necessarily imported ratihabition and acquiescence in what she did.
