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Agnes Carse v Alexander Burton. [1747] Mor 6024 (22 July 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor1506024-234.html Cite as:
[1747] Mor 6024
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. IV.
Operation of Inhibition in taking off the effect of Prępositura.
Agnes Carse v. Alexander Burton
Date: 22 July 1747 Case No. No 234.
A man found entitled to inhibit his wife, who had separated herself from her family, on account of mal-treatment, altho’ she had, while in the family, behaved with propriety.
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Alexander Burton having executed an inhibition against Agnes Carse his wife, she applied by petition for having the further execution and recording thereof stopped, for that the same was without cause, she having behaved herself dutifully, while she lived in his family, and which she had not quitted till obliged to it by his having beat and abused her in an unmerciful manner, for which she had raised a process of separation and aliment. 2do, That it contained many scurrilous, false and injurious expressions, to the great hurt of her character.
On moving this petition, some of the Lords doubted, whether or not in general, a man was at liberty without a just cause assigned to inhibit his wife; but there was no occasion to consider the general point, in respect it was acknowledged in the petition, that she had separated herself from her husband's family; in which case all agreed that it was competent for him to inhibit her.
And accordingly the Lords “refused the petition, so far as it prayed to have the inhibition recalled; but appointed it to be seen and answered as to the injurious expressions.”
Fol. Dic. v. 3. p. 284. Kilkerran, (Husband and Wife.) No 12. p. 265.*** D. Falconer reports the same case:
Agnes Carse gave in a petition, shewing, that on the bad usage given her by Alexander Burton her husband, she had been obliged to leave his family, whereupon he raised inhibition against her, inserting in the letters several injurious allegations; for which she prayed the inhibition might be discharged to be recorded.
“The Lords declared their opinion, that a man might at his pleasure inhibit his wife, but ordered the petition to be answered, with regard to the harsh expressions contained in the narrative of the inhibition.”
