Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

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Date: 15 February 1629

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The young Lady Hallyburtoune having appointed 500 merks termly for her aliment, during the time of her separation from her husband; Mr David Aytone, who had lent to her, before her separation, 300 merks upon her bond, arrested in her husband's hands a term's duty. Her husband consigns the term's duty, and suspends upon double poinding. The Lady alleges, Her [allowance] being appointed for her aliment was not arrestable, especially for the said sum of 300 merks, because it was borrowed by her before the separation, and employed upon the furnishing of her house; and, in that respect, Mr David should pursue her husband for the same. The Lords ordained the Lady to be answered for the consigned money, and Mr David to pursue her husband; and ordained the Lady to find caution that she should pay the said Mr David, in case it were so found that her husband were not his debtor.

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