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Scottish Court of Session Decisions >>
Panholes v Her Husband's Creditors. [1700] Mor 5894 (18 July 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor1405894-107.html Cite as:
[1700] Mor 5894
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION III.
Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. II.
Husband liable for his Wife's aliment, unless insolvent.
Panholes v. Her Husband's Creditors
Date: 18 July 1700 Case No. No 107.
Here no aliment allowed. In the case above, aliment allowed after the husband's death.
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Halcraig reported Anna Gray, spouse to William Paton of Panholes, writer to the signet, against her husband's Creditors, for an aliment. Alleged, 1mo, The pursuit is unwarrantable, because her husband is yet in life, and he is neither pursuer nor defender. 2do, She has consented to most of their rights. Answered, She brought a considerable portion with her, whereby her husband purged the lands which they have adjudged of sundry incumbrances then affecting them, and that there will be a superplus after their payment; and the Lords have even allowed aliments to married women, as to the young Lady Lanton, and to the Lady Spencerfield.——The Lords considered there were specialities in these cases, founded on their contracts matrimonial, &c. which were not in this case, and therefore refused to modify an aliment. The Privy Council, on application to them, take more latitude in aliments to wives.
Fol. Dic. v. 1. p. 393. Fountainhall, v. 2. p. 104.
