Scottish Court of Session Decisions

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION V.

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.

Harvey and Fawel
v.
Trustees of Chessels

Date: 21 Feb 1791
Case No. No 176.

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Helen Chessels, wife of James Scot, inherited from her father a considerable heritable property, on which the jus mariti of her husband had been excluded in the event of his bankruptcy, an event which actually happened. Afterwards Helen Chessels bound herself, with consent of her husband, in a cautionary obligation for their son. In an action brought on this obligation, the Lords found that it was ineffectual. The only way in which a wife's personal obligation can be made good, is by shewing that the money has been in rem versum of the wife.——See Appendix.

Fol. Dic. v. 3. p. 284.