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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Henderson v Saughtonhall. [1683] Mor 6095 (00 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1506095-307.html

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[1683] Mor 6095      

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION X.

Deeds betwixt Husband and Wife during marriage.
Subject_3 SECT. I.

Pure Donation how far Revocable. Donation after Proclamation of Banns.

Henderson
v.
Saughtonhall

1683. March.
Case No. No. 307.

Click here to view a pdf copy of this documet : PDF Copy

Found, that moveable bonds taken in a wife's name, or assigned to her stante matrimonio by her husband, do not recur back to him jure mariti, nor need to be confirmed if not revoked; and that the contracting of a debt by a husband, after a gratuitous deed in favour of his wife, if the husband became otherwise insolvent to pay all, is a tacit revocation of what is so given to the wife, though the act of Parliament 1621 would not reach her, which only provides for the security of anterior debts.

Harcarse, (Stante Matrimonio.) No 875. p. 248.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1506095-307.html