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Scottish Court of Session Decisions >>
Lady Kirkhouse v Her Husband. [1728] Mor 5906 (00 November 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor1405906-114.html Cite as:
[1728] Mor 5906
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION III.
Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. III.
The Wife if maltreated may withdraw, and be entitled to a Separate Maintenance.
Lady Kirkhouse v. Her Husband
1728.
November. Case No. No 114.
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Cassie, elder of Kirkhouse, in the year 1715, was attainted of high treason, and his estate was adjudged to his son, upon this medium, that it being a tailzied subject, the father had incurred the irritancies, and fallen from his right before his rebellion. The Lady Kirkhouse, spouse to Kirkhouse elder, in her contract of marriage was provided to the liferent of 1000 merks, to take place after her husband's decease; but after the fee was established in her son, having insisted against her husband for a separate aliment, upon the head of mal-treat-ment, she not only obtained her son to be made liable for a separate aliment, but likewise upon a clause in the act 62, Parliament 1661, obtained, that the adjudgers upon the estate should be obliged to restrict themselves to their anhualrents during the legal, that there might be room for her to affect the rents of the estate for her aliment. See Appendix.
