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Scottish Court of Session Decisions >>
Mr George Burnet v Lady Hallgreen. [1694] 4 Brn 224 (13 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040224-0508.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr George Burnet v. Lady Hallgreen
Date: 13 December 1694
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Mr George Burnet, schoolmaster in Canongate, pursuing Lady Hallgreen, to count and reckon for her intromission with her husband's estate, in regard she was preferred to the gift of his escheat, in so far as might extend to sixteen chalders of victual for her aliment; and Mr George, for his debt, was brought in secundo loco. alleged,—She could not depone, being vestita viro. answered,—She had a separate peculium; and, in so far as concerned that, she was liable. 2do. She alleged,—What she had intromitted with was applied to the use of the family.
The Lords thought any intromission she had, preceding the establishment of the locality in her person, could not make her personally liable; but ordained her, before answer, to depone anent her intromissions, and the time thereof.
