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Scottish Court of Session Decisions >>
Lady Banff v Lord Banff. [1686] 3 Brn 600 (00 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030600-0919.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1685 and 1686.
Lady Banff v. Lord Banff
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1685. February 5.—The Lady Banff gave in a complaint against her husband, that he refused to cohabit with her, and therefore craving an aliment might be modified to her.
He was jealous of her being disloyal to him with one Leslie, sheriff-clerk of Banff.
The Lords referred the consideration of this business to a committee; who having given in their report, on the 17th February, the Privy Council modified to her 2000 merks a-year, with certification, if it were not punctually paid to her termly, it should be doubled; and ordained the husband to aliment the children himself. He reclaimed much against this, his estate being low.
Vol. I. Page 339.
1686. December 1.—The cause of the Lord and Lady Banff being reported; the Lords preferred her to her aliment, though he offered to entertain her in his own house, and was pursuing an adherence before the Commissaries of Edinburgh; for the Lords found she was not bound to adhere, seeing the ground of the Secret Council's decreet, modifying to her 1200 merks of aliment, as mentioned 5th February 1685, was because of his atrocious cruelty to her; and this decreet was yet standing unreduced.
