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Jean Pitcairn and her Husband v John Peutherer. [1716] Mor 5825 (31 July 1716)
URL: http://www.bailii.org/scot/cases/ScotCS/1716/Mor1405825-048.html Cite as:
[1716] Mor 5825
What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. VIII.
Goods peculiar or Personal to the Wife.
Jean Pitcairn and her Husband v. John Peutherer
Date: 31 July 1716 Case No. No 48.
Found, that a chest of drawers, appropriated for keeping a wife's clothes, is a part of the parapbernalia.
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In a process betwixt these parties, this question having fallen to be considered, viz. whether a chest of drawers, wherein a wife kept her clothes, was a part of the paraphernalia, and did thereby become the wife's property, exclusive of the husband's jus mariti?
And it was contended for Pitcairn the pursuer; That it was to be reckoned among the paraphernalia, because these do not only include clothes, but those things that are proper for their custody; thus Paulus, lib. sent. 3. cap. 6. “Mundo muliebri legato ea cedunt, per quæ mundior mulier lautiorque efficitur; velut speculum, conchæ, situli, item pixides, unguenta, et vasa in quibus ea sunt;” which directly determines the case, that is, whatever is necessary for keeping the things also is understood to pass with them; and it is very sure that chests of drawers are absolutely necessary for custody of clothes ad munditiem.
Answered for the defender; That, at this way of arguing, the paraphernalia may be made very large; and if wives be allowed to make moveables their own by laying clothes within drawers, cabinets, and chests, &c. a good part of the moveables of the husbands will in progress of time be made paraphernalia.
The Lords found, that a chest of drawers, appropriated for keeping a wife's clothes, is a part of the paraphernalia.
Act. Bosewall.Alt. Hay.Clerk, Gibson.
Bruce, v. 2. No 34. p. 45.
