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Scottish Court of Session Decisions >>
George Graham v Grissel Tours, and the Laird of Kilhead, her Husband. [1668] Mor 12491 (26 February 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor2912491-350.html Cite as:
[1668] Mor 12491
Wife's Oath with regard to Transactions before Marriage, if relevant against the Husband.
George Graham v. Grissel Tours, and the Laird of Kilhead, her Husband
Date: 26 February 1668 Case No. No 350.
Found again in conformity with Ker against Covington.
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George Graham having obtained a decreet before the bailie, against Grissel Tours and her husband, for furnishing to her first husband's funeral; her husband suspends, and raises reduction on these reasons, that albeit he stayed sometimes in a chamber in Edinburgh, he was not in this jurisdiction, and that his wife's oath could infer no burden upon him, and that the bailies did unwarrantably hold him as confest, for not given his oath of calumny, whether he had reason to distrust his wife's oath.
The Lords found this unwarrantable, and therefore reduced the decreet as to the husband, but decerned against the wife, ad hunc affectum, to affect her if she survive, or her executors after her death, or otherwise to affect any other goods she had excepted from her husband's jus mariti.
