Dunnachie Petitioner [1909] ScotLR 46 (10 November 1909)

The Court granted the petition because the husband was incapable of giving consent due to mental illness, and the statutory requirements for dispensing with consent were satisfied.

Citation: [1909] ScotLR 46
Parties: Petitioner: Mrs May or Mary Hargrieve or Dunnachie; Husband: John Dunnachie
Jurisdiction: Scotland
Judgment Date: 10 November 1909
Procedural Posture: Petition / Single Bills
Outcome: petition granted
Legal Topics: Married Women's Property, Wife's Separate Estate, Husband's Consent, Court Dispensation

Family Law Property Law Married Women's Property Wife's Separate Estate Husband's Consent Court Dispensation

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Parties

Mrs May or Mary Hargrieve or Dunnachie

Petitioner

John Dunnachie

Husband

Procedural Posture

Petition / Single Bills

Legal Issues

1 Whether the Court can dispense with the husband's consent to a deed relating to the wife's estate when the husband is incapable due to mental illness

Ratio Decidendi

The Court granted the petition because the husband was incapable of giving consent due to mental illness, and the statutory requirements for dispensing with consent were satisfied.

Court Disposition

petition granted

Orders

Court dispensed with husband's consent to any bond and disposition in security for a loan or to any disposition or deed of transfer of Grasmere Cottage by the petitioner