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Scottish Court of Session Decisions >>
Johnston v Laird of Johnston. [1563] Mor 10149 (11 February 1563)
URL: http://www.bailii.org/scot/cases/ScotCS/1563/Mor2410149-002.html Cite as:
[1563] Mor 10149
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Gif ony persoun havand ane lauchful wife be callit and persewit in ony actioun or cause, as for reductioun of his infeftmentis, he hes na persoun to defend or stand in judgment be himself, or his procuratouris, gif he be denuncit our soverane Lordis rebel, and put to his horne, and not relaxit thairfra; and mairover his wife, albeit scho have special interes in the cause, as gif scho be conjunct fear of the saidis laudis, nather be hirself, nor be hir procuratour, sould be admittit to defend in the mater; because scho havand ane husband, zit naturallie livand, may not stand in judgment, except scho be authorizit be him, quhilk he cannot do be ressoun of the said horning.
Fol. Dic. v. 2. p. 85. Balfour, (Of the Defender.) No 2. p. 294.
