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Scottish Court of Session Decisions >>
Earl of Leven v Montgomery. [1683] Mor 5876 (00 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1405876-090.html Cite as:
[1683] Mor 5876
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION II.
Extent of the Husband's liability for the Wife's debts contracted before Marriage.
Subject_3 SECT. IV.
Only subsidiarie liable after the dissolution of the marriage, although lucratus.
Earl of Leven v. Montgomery
1683.
February27. Case No. No 90.
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A husband being convened for payment of his defunct wife's moveable debts, in quantum factus erat locupletior, the Lords found the husband liable subsidiarie only, the heritable estate being first discussed and exhausted, in regard that the jus mariti being equivalent to an assignation inter vivos, the creditors could have no ground of quarrel, so long as there was sufficiency remaining for their payment.
Fol. Dic. v. 1. p. 392. P. Falconer, &c.
*** See this case, No 43. p. 5803. and No 41. p. 3217.
