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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scot v Brown. [1633] Mor 6030 (29 Jan 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor1506030-240.html
Cite as: [1633] Mor 6030

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[1633] Mor 6030      

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION VII.

After Proclamation of Banns, the Woman considered to be in the same case as if actually Married.
Subject_3 SECT. II.

After Proclamation, barred from granting Gratuitous Deeds, or Deeds to the Prejudice of her Husband.

Scot
v.
Brown

Date: 29 Jan 1633
Case No. No 240.

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A bond made by Mary Hamilton, before her marriage with Scott, her spouse, but after she was proclaimed with her said spouse, found null and of no force to bind her husband, more than the said bond had been given stante matrimonio.

Fol. Dic. v. 1. p. 404. Auchinleck MS. p. 17.

*** See Durie's Report of this Case, No 24. p. 2710.

*** Spottiswood reports the same case:

1633. Jan. 22. The Lords would not find process upon a bond granted by a woman after she was contracted and proclaimed upon her husband. Margaret Scott against Brown and her debtors. The like had been found twice before.

Spottiswood, v. 1. p. 159.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor1506030-240.html