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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Barbara Fea, Spouse to Patrick Traill of Ellness, v Her Husband. [1712] 5 Brn 86 (9 July 1712) URL: http://www.bailii.org/scot/cases/ScotCS/1712/Brn050086-0093.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.
Date: Barbara Fea, Spouse to Patrick Traill of Ellness,
v.
Her Husband
9 July 1712 Click here to view a pdf copy of this documet : PDF Copy
In the process, at the instance of Barbara Fea, against Patrick Traill, her husband,—The Lords found the defender obliged to aliment the pursuer, according to his fortune: Albeit it was alleged for the defender, that it was the duty of a wife to follow and live with her husband; and if the pursuer would come to Ireland, where the defender resides at present, he would entertain her according to his quality and fortune: In respect it was answered for her, that if the defender would tell her in what particular place of Ireland he is, and advance money to defray the expense of her journey, she was content to repair to him; but since he declines to let her know where he may be found, and to furnish her money to enable her to come to him, his offer to aliment her in Ireland is but a mere sham and amusement: especially considering that she had formerly gone in quest of him to London, who, finding her there, maltreated her; and then, deserting the place for her sake, retired she knows not whither. But he having a land estate in Orkney, she ought to have an aliment out of that in the mean time.
Page 613.
The electronic version of the text was provided by the Scottish Council of Law Reporting