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Gordon v Sempill. [1776] Mor 446 (13 December 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor0100446-079.html Cite as:
[1776] Mor 446
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Gordon v. Sempill
Date: 13 December 1776 Case No. No 79.
A husband, who had inhibited his wise, and paid her a competent aliment, during the dependence of a divorce against her, assoilzied from an action against him, raised by a person who had supplied her.
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Gordon pursued Sempill, whose wife he had alimented during the dependence of a divorce before the Commissaries at the husband's instance.—Urged in defence, That before this debt was contracted, Gordon had inhibited his wife; and during the dependence of the divorce, an interim aliment had been modified and paid.—Answered, No inhibition can relieve a husband from alimenting his wife; and the sums modified were not sufficient for that purpose.——The Lords sustained the defence, and assoilzied.