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. VIII.

Goods peculiar or Personal to the Wife.

Jean Pitcairn and her Husband
v.
John Peutherer

Date: 31 July 1716
Case No. No 48.

Found, that a chest of drawers, appropriated for keeping a wife's clothes, is a part of the parapbernalia.

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In a process betwixt these parties, this question having fallen to be considered, viz. whether a chest of drawers, wherein a wife kept her clothes, was a part of the paraphernalia, and did thereby become the wife's property, exclusive of the husband's jus mariti?

And it was contended for Pitcairn the pursuer; That it was to be reckoned among the paraphernalia, because these do not only include clothes, but those things that are proper for their custody; thus Paulus, lib. sent. 3. cap. 6. “Mundo muliebri legato ea cedunt, per quæ mundior mulier lautiorque efficitur; velut speculum, conchæ, situli, item pixides, unguenta, et vasa in quibus ea sunt;” which directly determines the case, that is, whatever is necessary for keeping the things also is understood to pass with them; and it is very sure that chests of drawers are absolutely necessary for custody of clothes ad munditiem.

Answered for the defender; That, at this way of arguing, the paraphernalia may be made very large; and if wives be allowed to make moveables their own by laying clothes within drawers, cabinets, and chests, &c. a good part of the moveables of the husbands will in progress of time be made paraphernalia.

The Lords found, that a chest of drawers, appropriated for keeping a wife's clothes, is a part of the paraphernalia.

Act. Bosewall. Alt. Hay. Clerk, Gibson. Bruce, v. 2. No 34. p. 45.