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Subject_1 Husband and Wife Subject_2 Wife's Separate Estate Subject_3 Married Women's Property (Scotland) Act 1881 (40 and 41 Vict. c. 29) Subject_4 Bill. Facts: Held that the Married Women's Property (Scotland) Act 1881 does not alter the rule of the common law that a married woman having separate estate cannot competently bind either herself or her separate estate by granting a bill.
Mrs M'lean brought this suspension of the charge for payment on the following ground, which was thus stated in her second plea-in-law—“The complainer as a married woman could not validly sign the promissory-note charged on, and the charge ought therefore to be suspended.”
The respondents pleaded—“(2) The said Mrs M'Lean being possessed of means and estate exclusive of the jus mariti and right of administration of her husband at the date of granting said promissory-note and now, the said promissory—note constitutes a valid obligation against her and her estate.”
The Bills of Exchange Act 1882 (45 and 46 Vict. c. 61), section 22 (1) enacts—“Capacity to incur liability as a party to a bill is co-extensive with capacity to contract.”
The Lord Ordinary (Fraser) suspended the charge simpliciter , and whole grounds and warrants thereof.
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Common Room
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