A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. X.
Husband's Consent, how interponed. Natural or Legal Incapacity in the Husband.
Dall v. Countess of Southesk
Date: 29 June 1733 Case No. No 210.
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A wife, after her husband's forfeiture, having granted her personal obligation without his concurrence, for a debt due by him, the question occurred, whether this obligation was ipso jure null or not? And it was argued for the creditor, That this nullity being introduced by our municipal law, could only be in force so long as the civil and municipal rights betwixt husband and wife subsisted, which were entirely dissolved by the forfeiture.——The Lords found the defence of being vestita viro not relevant, in regard the husband was attainted at the time of granting the obligation. See Appendix.
Fol. Dic. v. 1. p. 402.
The Subject Husband and Wife is continued in Volume XV.
