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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Nairn of Drumkilbo v William Mercer of Aldie. [1785] Hailes 983 (17 November 1785)
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Cite as: [1785] Hailes 983
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[1785] Hailes 983
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 HUSBAND AND WIFE.
Subject_3 A debt, contracted for the benefit of the separate estate of a married woman, though of such a nature that the Husband was bound to discharge it, is still effectual against the Heirs of that estate.
Date: Alexander Nairn of Drumkilbo
v.
William Mercer of Aldie
17 November 1785 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 360; Dict. 5860.]
Braxfield. There are cases in which a wife, vestita viro, may become personally liable. For instance, in selling an estate she grants personal warrandice: the estate is evicted,—she is bound in the warrandice. A wife may declare a fact, and that is all she does here. There is satisfying evidence that the one debt came in place of the other.
On the 17th November 1785, “The Lords repelled the defences, and found Drumkilbo entitled to relief.”
Act. Ch. Hay. Alt. R. Dundas. Reporter, Eskgrove.
The electronic version of the text was provided by the Scottish Council of Law Reporting