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Scottish Court of Session Decisions >>
Davidson v Maccubin. [1610] Mor 5802 (23 June 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1405802-042.html Cite as:
[1610] Mor 5802
What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. VIII.
Goods peculiar or Personal to the Wife.
Davidson v. Maccubin
Date: 23 June 1610 Case No. No 42.
The wife's paraphernalia cannot be attached by the husband's creditors.
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The husband being addebted in sums of money, and the creditors, for payment thereof, arrested his wife's jewels, the Lords inclined to sustain the arrestment, albeit the wife alleged that they were her own proper ornaments, and pertained not to her husband, not would come under his testament; because the Lords thought her clothes were proper to herself, but that she could not have superfluous jewels, and her husband's creditors want their just debt. Thereafter, upon the 27th June, the most part of the Lords found, that the wife's jewels and ornaments could not be arrested nor poinded for her husband's debt, but were properly her own, and pertained no way to the husband. The clerk of register alleged the Chapter of the Majesty to this purpose, and a practick of——Boyds, and another of one Dempster. Jungland, Fostersalt, and many others, were of the like opinion; albeit some of the best maintained the contrary frustra.
