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The Mistress of Gray v The Master. [1582] Mor 5802 (00 June 1582)
URL: http://www.bailii.org/scot/cases/ScotCS/1582/Mor1405802-041.html Cite as:
[1582] Mor 5802
What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. VIII.
Goods peculiar or Personal to the Wife.
The Mistress of Gray v. The Master
1582.
June. Case No. No 41.
The wife's paraphernalia fall not sub communione.
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The Mistress of Gray pursued the Master thereof for the detaining frae her certain chains, rings of gold, and certain other things, whilk appertained to the ornament of her body et quæ fuerunt de mundo muliebri. It was alleged by the Master, That he had sold and annalzied the same quia fuit dominus omnium bonorum stante matrimonio, and chains and rings could not be holden de mundo muliebri. To this was answered, That they were proper to be called paraphernalia quæ dotis causa vel una cum dote dantur uxoribus ut in L. 9. Sec. 2. D. De jure dotium; and so they might no more be taken away from her than her conjunct fee or terce without her own consent, et quæ fuerunt de mundo muliebri, vide D. De auro et argento l. 3. 13. & 17. The Lords found by interlocutor, that the Master ought to restore again to his wife the gear libelled, and might not dispone upon the same, because they appertained to the ornaments of her body.
