Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 HUSBAND AND WIFE.

Eupham Lindsay, Petitioner

Date: 25 June 1777

Click here to view a pdf copy of this documet : PDF Copy

In a process of multiplepoinding, Lord Kinnaird against Gardens, &c. Lord Covington, in discussing the merits of a particular interest, found that it gave no title to draw any part of the fund; “In respect that the bond, which is the ground of it, being granted by James Robertson and Magdalen Garden, spouses, to Robert Blyth, was ab initio void and null quoad the wife, as being granted by her during the coverture.”

And, 25th June 1777, the Lords refused a reclaiming petition, without answers, and adhered.

The petition went chiefly on the doctrine laid down in the late treatise by Lord Kames, p. 2; and that any ground of reduction or exception, on account of the coverture, was cut off by the negative prescription,—the bond being much older than 40 years since granted, being dated 22d November 1693, and payable at Martinmas 1694.