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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon or Glendinning v Maxwell. [1678] Mor 12533 (15 February 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2912533-416.html
Cite as: [1678] Mor 12533

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[1678] Mor 12533      
Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. IV.

Decrees, Acts of Court, &c.

Gordon or Glendinning
 v.
Maxwell

Date: 15 February 1678
Case No. No 416.

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It being objected against an act of Court, bearing a wife's judicial ratification, that it was not subscribed by her the party; answered, By act 83d, Parliament 1481, the act of Court subscribed by the proper officer is a legal proof of the fact. Answered, The intention of that act is not to fix what shall be understood a legal proof of a wife's judicial ratification, but that a judicial ratification shall be effectual in law to bar any challenge upon the head of force or fear. The Lords sustained the objection, and found the act not probative.

 Fol. Dic. v. 2. p. 248. Fountainhall. Stair.

*** This case is No 353. p. 6144. voce Husband and Wife.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2912533-416.html