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Scottish Court of Session Decisions >>
Neilson v Elizabeth Arthur. [1672] Mor 5984 (23 February 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor1405984-184.html Cite as:
[1672] Mor 5984
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. VI.
Bonds by Wives for antecedent onerous Causes.
Neilson v. Elizabeth Arthur
Date: 23 February 1672 Case No. No 184.
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Elizabeth Arthur being charged upon a bond granted by herself, suspended upon that reason, That she was clad with a husband the time of the granting thereof.— It was answered, She had a peculium and estate settled upon her by her father in these terms, that her husband should have no interest therein, but that it should be managed by advice of the friends named by him for the behoof of her and her children; and that the sum charged for was borrowed and employed for her use.
The Lords found the letters orderly proceeded.
Fol. Dic. v. 1. p. 399. Dirleton, No 164. p. 67.*** Stair reports the same case:
Neilson having charged Elizabeth Arthur, Lady Camnethan, upon a bond granted by her, she suspends upon this reason, that it is null, being granted by her vestita viro.—It was answered, That she had proprium patrimonium constituted by her father, for her own and children's aliment, wherefrom her husband was excluded; and this bond was for furniture to herself and children, and so ought to affect her, and that aliment.
