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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Rollock v The Lady Athole and Captain Rollock. [1634] 1 Brn 349 (11 February 1634) URL: http://www.bailii.org/scot/cases/ScotCS/1634/Brn010349-0926.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Rollock
v.
The Lady Athole and Captain Rollock
11 February 1634 Click here to view a pdf copy of this documet : PDF Copy
The Lady Athole, and Captain Rollock her spouse, are charged, by James Rollock, to make payment to him of the sum of £1000, contained in a registrate bond. She suspends, seeing the sum was borrowed to her from umquhile ——, and that the bond was blank when she delivered the same to ——, and that this charger had only inserted his own name in the bond, whereas the money pertains to the defunct's husband; whereby his procurator compeared for his interest, and concurred with the suspender, that the monies were due to him, husband of the defunct. It was answered, That the charger received this bond from the defunct, in her lifetime, for onerous causes; and that she not only caused insert his name therein, but also made him assignee to the same; and that she and her husband being separate by consent, he gave unto her the sum of 4000 merks, whereof this was one part, to live upon, and to renounce her conjunct fee. It was answered, That the separation being voluntary, no private contract betwixt them could prejudge the husband of the right of any sums pertaining to his wife undivorced. Which the Lords found relevant, and thereafter suspended the letters.
Page 18.
The electronic version of the text was provided by the Scottish Council of Law Reporting
