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Robert Selkrig v Margaret Alison. [1679] Mor 6074 (8 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor1506074-286.html Cite as:
[1679] Mor 6074
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Robert Selkrig v. Margaret Alison
Date: 8 January 1679 Case No. No 286.
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The Lords passed a bill of caption, for not finding caution in a lawburrows against a woman clad with a husband, because she threatened to burn the house if any other tenant came to it. Though the preparative be bad, the craver's oath was taken for proving her malice, &c.; and so it was of the nature of a mala fides.
Fol. Dic. v. 1. p. 408. Fountainhall, MS.*** Stair reports the same case:
One ——— in Glasgow, having obtained letters of lawborrows against a wife in Glasgow, who had threatened to burn his house, which he had deponed upon oath, and having denounced her and craved caption, the clerks of the bills refused to give out caption, because of the privilege of wives not to be taken by caption.
The Lords ordained caption to proceed, seeing the horning was not upon a debt, but upon the wife's delinquency and disorder, threatening to burn the man's house.
