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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sinclair v Creditors of Her Husband. [1739] 1 Elchies 38 (7 February 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies010038-011.html Cite as: [1739] 1 Elchies 38 |
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[1739] 1 Elchies 38
Subject_1 ARRESTMENT.
Sinclair
v.
Creditors of Her Husband
1739 ,Feb. 7 .
Case No.No. 11.
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The question occurred, that was determined 5th July 1726, Spreul of Milton against Sir James Grant, Whether an arrestment for a husband's debt, of an heritable debt due to the wife, that is, a bond bearing annualrent, carries the whole jus mariti, or only the bygone annualrents?—The Lords found, eight to five, that the arrestment affects only the bygone annualrents then due. The President, Royston, Arniston, &c. were in the majority.
The electronic version of the text was provided by the Scottish Council of Law Reporting