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M'Quail v M'Millan. [1676] Mor 5874 (11 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor1405874-086.html Cite as:
[1676] Mor 5874
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION II.
Extent of the Husband's liability for the Wife's debts contracted before Marriage.
Subject_3 SECT. III.
The husband not liberated by the dissolution of the marriage if lucratus.
M'Quail v. M'Millan
Date: 11 February 1676 Case No. No 86.
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A pursuit being intented against the wife as universal intromitter to a defunct, and her husband pro interesse; and the wife having deceased, it was found, that the husband should not be liable, unless it were proved that he had intromission with the same goods; upon the intromission with which the former pursuit was intented against his wife.
This was not without difficulty; and upon debate amongst the Lords, though it was not the present case, yet the Lords inclined to be of the opinion, that the husband, having gotten a tocher ad sustinenda onera matrimonii, if the wife had any other estate, whereunto the husband had right jure mariti, he should be liable in quantum locupletior.
Reporter, Nevoy.Clerk, Robert Hamilton.
Fol. Dic. v. 1. p. 391. Dirleton, No 332. p. 159.
