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Russel v Paterson. [1629] Mor 5955 (19 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor1405955-158.html Cite as:
[1629] Mor 5955
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. III.
Furnishings to a Wife, whose Husband has deserted her.
Russel v. Paterson
Date: 19 March 1629 Case No. No 158.
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A merchant furnishing wines to a woman, and she being pursued by him for the price thereof, the action and process was sustained against her, albeit she alleged that she was clad with a husband, who not being convened in the process, nor summoned thereto, no process ought to be granted against her; which allegeance was repelled, seeing the husband was ten years out of the country together, before the pursuit, and was not returned, and it was not known whether he was dead or living; and all this time the defender was in use to bargain with this pursuer, and buy wines, and keep an inn, so that she ought to be answerable for her own receipts.
Act. Aiton.Alt. Russel.Clerk, Gibson.
Fol. Dic. v. 1. p. 398. Durie, p. 438.
