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Scottish Court of Session Decisions >>
Robert Nairn v William Buchannan. [1680] Mor 6016 (3 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor1506016-221.html Cite as:
[1680] Mor 6016
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. II.
How far Pr�positura presumed to extend.
Robert Nairn v. William Buchannan
Date: 3 June 1680 Case No. No 221.
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Robert Nairn charges William Buchannan on a bond for payment of 220 merks. The reason of suspension is, This bond was blank in the creditor's name, in the custody and hands of the charger's uncle, to whose wife I paid the money; and she was præposita negotiis, in so far as she was wont and in use to uplift other sums of her husband's; which was offered to be proved by her oath, or by famous witnesses, and so he was in tuto to pay her. This being reported, the Lords ‘found her husband's approving of her intromission by once or twice uplifting is not a sufficient ground, neither is use and wont enough, whereupon his payment to her may assoilzie him, unless she had been a shopkeeper or a taverner. And, 2do, Find that a wife's prepositation in a matter of this concern must not be proved by her oath, but must be only proven scripto; and that she behoved to have had a written factory.’
Fol. Dic. v. 1. p. 403. Fountainhall, v. 1. p. 99.
*** This case is reported by Stair, No 14. p. 1669.
