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Zibbis v Countess of Orkney. [1609] Mor 5982 (12 December 1609)
URL: http://www.bailii.org/scot/cases/ScotCS/1609/Mor1405982-180.html Cite as:
[1609] Mor 5982
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.
Zibbis v. Countess of Orkney
Date: 12 December 1609 Case No. No 180.
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Ane Fleming, called Zibbis, pursued the Countess of Orkney, upon her obligation to pay to her L. 900.—She excepted, That the obligation was null; because, she being clad with a husband, he had not consented to the obligation.—It was replied, That the obligation was granted for the price of stuffs to be her clothing, and other necessary furniture concerning her clothing and aliment; in respect whereof, albeit the obligation contained not these causes per expressum, the Lords repelled the exception.
Fol. Dic. v. 1. p. 400. Haddington, MS. v. 2. No 1680.