Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Gemmill
v.
Christian Yule

1735, Jan. 15.
Case No. No. 4a.

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The Lords found the præpositura by the wife's keeping a tavern while the husband lived in the family not relevant to enable her to sell or pledge the household furniture, unless the defender prove the wife's being in use to buy liquors for the house, and grant obligations with the husband's knowledge or approbation. They also found, that the tea-plate was not paraphernalia. 3dly, The Lords found that she could not sell or pledge her paraphernalia without her husband's consent The Loads were divided in their opinion in this last point because of the decision 1711 on one side, and the Quon. Attach. Cap. 21. on the other side, and the grounds of law as in the case of minors. I thought that paraphernalia of great value ought not to be pledged without consent of the husband, but that things of small value might, as in the case of minors, and that it depended upon the value and circumstances of the parties;—but it carried that they cannot be pledged.