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. VII.

Money lent or given by a Wife.

Rigg
v.
Cunningham

Date: 30 January 1727
Case No. No 40.

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Mr Rigg's Lady having granted bond to Enterkin's Lady on the narrative of borrowed money, of which bond she afterwards made payment; the Lords found that the money which Mr Rigg's Lady paid to the Lady Enterkin, was Mr Rigg her husband's money; and that therefore action of repetition was competent to Mr Rigg for the same; though it was argued to be against equity, that a husband should be entitled to repete, when he is not able to condescend upon any of his money intromitted with by his wife, at that or any former time. See Appendix

Fol. Dic. v. 1. p. 388.