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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mary Dick v Mr Cassie and his Wife. [1738] 2 Elchies 255 (24 January 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020255-009.html Cite as: [1738] 2 Elchies 255 |
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[1738] 2 Elchies 255
Subject_1 HUSBAND AND WIFE.
Date: Mary Dick
v.
Mr Cassie and his Wife
24 January 1738
Case No.No. 9.
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Acknowledgement by a procurator in a process, wherein the husband Concurred to defend her, was found probative against the husband as well as the wife, and (was said by some, that though a husband needs not suffer his wife to depone in his prejudice, yet if he allows her to depone without objecting, the oath will prove against him.) 2dly, He having got a general disposition to all his wife's effects in his contract of marriage, that was understood to be cum mere debitorum; and therefore he was found liable for her debts bearing annualrent, that is for a bond of her first husband's, for which she was found liable. Vide 17th November 1737, inter eosdem voce Presumption. Vide Parkhill against Weir, No. 13. voce Bill of Exchange. (See Dict. No. 69. p. 5857.)
The electronic version of the text was provided by the Scottish Council of Law Reporting