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Scottish Court of Session Decisions >>
John Crichton v Margaret Logan. [1682] Mor 6006 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1506006-214.html Cite as:
[1682] Mor 6006
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. I.
A wife presumed to be pr�posita negotiis domesticis.
John Crichton v. Margaret Logan
1682.
January. Case No. No 214.
Whether a a wife's oath as to resting owing, ought to affect her husband?
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A woman cloathed with a husband having granted a ticket for L. 40 she was resting before the marriage, and being charged thereon after her husband's decease, she suspended upon this ground, That the note was null, as being granted stante matrimonio, and then married a second time; and the charger having referred to her oath, that the debt was contracted before her first marriage, the present husband contended she could not swear to affect him, but only herself and her executors after his death.
Answered for the charger; That the matter was litigious before the last marriage, and the charger could no more be prejudged by the wife's posterior marriage than by a posterior assignation; although the supension was not insisted in, nor the wife's oath craved before the second marriage.
The Lords inclined to find, that the wife could not swear in prejudice of her husband, who might be ignorant of the debt or suspension. But it came not to a vote; and the contrary seems more just.
