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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Helen Miller v Henrietta Brown. [1776] Hailes 678 (19 January 1776)
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Cite as: [1776] Hailes 678
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[1776] Hailes 678
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 IMPLIED DISCHARGE AND RENUNCIATION.
Subject_3 Jus relictæ cut off by a Renunciation executed by the wife, upon a voluntary separation of the husband and wife.
Date: Helen Miller
v.
Henrietta Brown
19 January 1776 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VII. 164; Dict. 6456.]
Kaimes. In the form of the words, nothing was renounced but what the woman had right to as a wife: but that is not the meaning of the deed.
President. Here was a total separation bona gratia. The woman could not, in consistency with good faith, renounce this and betake herself to her legal provisions.
On the 19th January 1776, “The Lords assoilyied the defender;” adhering to Lord Kennet's interlocutor.
Act. G. Clerk. Alt. Hugo Arnot. Non liquet, Gardenston, Hailes, [who was moved by former decisions.] This case was very favourable in its circumstances, for the woman did not revoke till her husband was actually in extremis.
The electronic version of the text was provided by the Scottish Council of Law Reporting