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Anent the Privilege of Jointures. [1687] 3 Brn 633 (8 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030633-0964.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 8 July 1687
Anent the Privilege of Jointures
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It has long passed among lawyers as a brocard, that wives' jointures have a privilege; and therefore the Commissaries prefer them in mobilibus, (for, in heritage, diligence carried it,) when they seek to be confirmed executors-creditors to their husbands on their contracts of marriage, to the exclusion of other creditors.
The Lords are now beginning to doubt of the legality of this, our law giving no hypotheca pro dote vel donatione propter nuptias; and therefore have appointed it to be heard in their own presence, in the case between the Earl of Forfar and one Menzies, the relict of one of his tenants, that they may examine it fully. Vide 17th February 1688, Keith.
