The decisions of the Lords of Council and Session, in most cases of importance; for the months of November and December 1714, and January, February, June and July 1715

by Scotland Court of Session

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1720 edition. ... Ordinary having found the Husband Liable for the Sum in the Bill, it not bearing Annualrent, but ordaining the Pursuer to prove that the Husband was Lucratus by the Marriage, before he could be Liable therefore. The Pursuer Acquiesced in the first Part of the Interlocutor, as biing Consequential to a late Decision 1 yh July 171 Watson contra Gordon, where the Lords found, That a Bill did not bear Annualrent, in respect it was not Protested; and therefore contended, that this Bill, for that Reason,not bearing Annualrent, must affect the Husband, who Jure Mariti would-.. have Right to all Bills due to his Wife, and not Protested,.& quern fequunter commoda, &c. But as to the'2d Part of the Biffj/ Reclaimed upon the following ";/"": xmo. That as the Husband hath Right Jure Mar it i to move able Debts due to the Wife, so he must be liable for all Debts of that Kind due by her; which, as being founded on Natural Equity, and the Analogy of Law, and as arising from the Communion of Moveables betwixt married Persons, is exprefly maintained by Sir George Mackenzie, Inst.'P. 35. and Viscount Stair, Inst. 1. Tit. 4. T. 32. ido. The Husband being an incontroulable Administrator of the Goods in Communion, if he were not to the Diligence of Creditors, till after a tedious and uncertain Process of Compt and Reckoning, whether the Husband be Lucratus or not, the Moveables in the mean Time might be conveyed away or embazled, and Creditors disappointed of their Payments, pio. The Husband is always found liable,even tor Heritable Debts /;/ quantum Lucratus; therefore to make him liable for Moveables only in the fame Manner, would take away all Distinction which Law and Practice hath made betwixt...

96 pages, Paperback

Published September 13, 2013