Scottish Court of Session Decisions

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION I.

What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. II.

Bonds containing Substitutions. - Bonds bearing Annualrent. - Bonds having clauses of Infeftment. - Bonds assigned before Marriage, though not intimated. - Bond to the Widow's Fund. - Arrears of taxes due by a Minister.

Robert Robertson
v.
Lord Halkerton

Date: 6 December 1673
Case No. No 14.

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In an action pursued at Robertson's instance, as assignee in and to a bond granted by the Lord Halkerton, father to the pursuer's cedent, viz. the Lord Halkerton's sister against the Lord Halkerton, as representing his father, it was alleged, That this assignation not being intimated before the cedent's marriage with the Laird of Laurieston, the bond, being a moveable bond, did fall to him jure mariti, and Laurieston's executors could only have right to pursue therefor. It was replied, That Laurieston's executors did not compear nor crave preference; and if they were compearing, they could not crave preference upon the foresaid ground, because the assignation bearing absolute warrandice, Laurieston and his executors could never quarrel the same as not being intimated, they being obliged in law to make good the Lady's assignation to the pursuer.—The Lords did repel the defence in respect of the reply, but ordained the pursuer to grant a receipt, with sufficient warrandice, against the Laird of Laurieston, or any representing him.

Fol. Dic. v. 1. p. 385. Gosford, MS. No 644. p. 375.