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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Anderson v Margaret Buchanan. [1775] Hailes 650 (27 July 1775)
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Cite as: [1775] Hailes 650
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[1775] Hailes 650
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 HUSBAND AND WIFE.
Subject_3 Execution may be used against a wife's person upon her obligation ad factum pręstandum.
Date: John Anderson
v.
Margaret Buchanan
27 July 1775 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VII. 111; Dictionary, 6081.]
Justice-Clerk. It is strange if a wife cannot be bound along with her husband by a deed, as much as by the operation of the law.
Hailes. As the case now stands, we must hold that the obligation under which the woman came, was fair and onerous. She can perform it, and it is unjust and obstinate in her to refuse to perform it. There must be a remedy.
On the 27th July 1775, “the Lords found the letters orderly proceeded.”
Act. J. Boswell. Alt. H. Erskine. Reporter, Coalston.
The electronic version of the text was provided by the Scottish Council of Law Reporting