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Gemmil v Yule. [1735] Mor 5997 (11 July 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor1405997-201.html Cite as:
[1735] Mor 5997
A married woman's deeds in what cases effectual against herself, the husband consenting or not consenting.
Subject_3 SECT. VIII.
Effect of alienation by a Wife of her own Property, with her Husband's consent.
Gemmil v. Yule
Date: 11 July 1735 Case No. No 201.
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A wife may exercise acts of ordinary administration with regard to her own property, without her husband's consent; but without his express concurrence, she cannot dilapidate or alienate, whether onerously or gratuitously; and therefore a married woman at her own hand, impledging her paraphernalia for security of money borrowed by her, was found null, and rei vindicatio sustained to her representatives against the creditor, without being obliged to pay the debt. See Appendix.—The contrary found, No 172. P. 5970.
