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Scottish Court of Session Decisions >>
James Mitchell v Margaret Cunningham. [1672] Mor 5711 (10 December 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor1405711-091.html Cite as:
[1672] Mor 5711
Payment of annualrent after viduity, found to homologate a bond granted by a wife stante matrimonio.
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Margaret being charged to make payment of 500 merks, contained in a bond subscribed by her and her deceased husband to James Mitchell, did suspend upon this reason, That she had subscribed the bond stante matrimonio with her husband, and so was null.—It was answered, That she had ratified the bond judicially, and given her great oath never to come in the contrary, as likewise had made payment of the annualrent since her widowity.——The Lords did find the payment of the annualrent relevant to make her liable, but did not give their interlocutor upon her judicial ratification and solemn oath never to quarrel the same. Yet it seems, that the bond being for borrowed money, as it is null, so the addition will not make it valid; for women being secured per senatusconsultum macedonianum, are in the case of minors and pupils, who neither by their bond nor oath adjected thereto, can contract debt.
Fol. Dic. v. 1. p. 383. Gosford, MS. No 535. p. 284.
