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Scottish Court of Session Decisions >>
La. Glenbervie v Her Husband. [1638] Mor 6053 (13 July 1638)
URL: http://www.bailii.org/scot/cases/ScotCS/1638/Mor1506053-261.html Cite as:
[1638] Mor 6053
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VIII.
The Wife how far valens agere without concourse of her Husband.
Subject_3 SECT. IV.
A Wife may prosecute Legal Diligence against her Husband, without being authorised by a Curator.
La Glenbervie v. Her Husband
Date: 13 July 1638 Case No. No 261.
Inhibition was granted to a wife upon her husband's obligation to infeft her in a jointure, although they lived together.
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This day inhibition was craved at the instance of the Lady Glenbervy against her husband, upon a bondmade by him in her favours, whereby he was obliged to infeft her in liferent in certain lands, contained in the bond, in recompense of other lands, wherein she was infeft, and which were thereafter sold by her husband, to the alienation whereof she consented, and which lands wherein her husband, by his other bond, was obliged to give her infeftment; she, in her supplication, affirmed her husband was of intention to dispone and annailzie, therefore she craved inhibition thereupon, which the Lords granted at her instance against her husband, stante matrimonio, albeit there was neither separation nor action of divorcement depending betwixt them, or intented by any of them against the other; and albeit they cohabited, and lived together as man and wife; and the said inhibition was found ought in reason to pass.
