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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1743] 1 Elchies 190 (29 November 1743)
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Cite as: [1743] 1 Elchies 190
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[1743] 1 Elchies 190
Subject_1 HUSBAND AND WIFE.
A
v.
B
1743 ,Nov .29 .
Case No.No. 19.
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Minto reported a case of an executry devolving to a wife; and the husband having served an edict in order to confirm her, she gave in a disclamation;—whereupon the Commissary stopped, and the husband presented an advocation; which was reported last Friday, and was delayed at my desire to consider of it; and we all agreed, that as the husband had the administration of the wife and her estate, and had himself a jus mariti in the executry, she could not be allowed to disclaim without showing cause, and that the husband may use her name. But as the wife is thereby liable to debts, remitted to the Commissaries with instruction to proceed in the confirmation, on the husband finding caution not only in common form, but also to indemnify the wife.
The electronic version of the text was provided by the Scottish Council of Law Reporting