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Douglas v Hamilton and Elphington. [1616] Mor 5957 (3 February 1616)
URL: http://www.bailii.org/scot/cases/ScotCS/1616/Mor1405957-161.html Cite as:
[1616] Mor 5957
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. IV.
Personal Bond not binding upon a Wife, although her Husband consent.
Douglas v. Hamilton and Elphington
Date: 3 February 1616 Case No. No 161.
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In an action of removing pursued by Archibald Douglas of Tofts, who had comprised the lands of Limpy from Mr Robert Elphingston and Susannah Hamilton his spouse, upon bonds made by them, and certain creditors from whom Tofts got assignations, and that to the behoof of Samuel Johnston, who was cautioner for Mr Robert and his spouse, and had paid the sums; the Lords sustained an exception proponed by the said Susannah upon her liferent infeftment, granted before the comprising led, both against her, and upon bonds subscribed by her; ratio because the comprising was led stante matrimonio, and the bonds could not be obligatory against her.
