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Scottish Court of Session Decisions >>
James Innes of Orton v William Farquharson. [1692] 4 Brn 30 (21 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040030-0059.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Innes of Orton v. William Farquharson
Date: 21 December 1692
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James Innes of Orton against William Farquharson, for payment of 2000 merks, which William's wife had left, having a special faculty in her contract of marriage to do the same. The Lords repelled the first defence, that it was null, being assigned without her husband's consent; for the Lords found his consent to the faculty authorized her sufficiently. As also repelled the second, that she and her husband had uplifted it out of the debtor's hand, and given a discharge of it; for the Lords found, that uplifting did not make it so moveable, as to fall under the husband's jus mariti, but it still remained heritable quoad the husband, and it was nothing but a change of debtors from one hand to another; and repelled also the third defence, that she renounced her faculty, because that was donatio inter virum et uxorem, and so revocable, and de facto revoked by her posterior assignation, whereby she exerced the faculty and power reserved to her.
