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Scottish Court of Session Decisions >>
Creditors of the Laird of Craig v His Lady. [1665] 2 Brn 415 (21 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020415-0677.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Creditors of the Laird of Craig v. His Lady
Date: 21 February 1665
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Laird of Craig having given his lady a jointure of thirty chalders victual, and thereafter stante matrimonio having given her an additional jointure of twenty more: and this additional &c. being craved to be reduced, 1mo, Upon the act of Parliament made against dyvors: 2do, That the same was revoked by her husband, by giving infeftments of his lands for debt contracted by him; at least, the creditors having comprised in his own lifetime or thereafter:
The Lords found that for debts contracted before the additional jointure he was no bankrupt, having an estate sufficient at that time to have paid them; and, therefore, ordained the lady to pay the annualrents of these debts, during her lifetime, or the creditors to find a merchant for the sale of so much as would pay them; and the lady to renounce her liferent of so much as should be sold for their satisfaction, but prejudice to her to affect the rest; and for debts contracted after the additional jointure, whereon other infeftments or comprisings have followed, they found the same no tacit revocation, as was alleged, and that her right did subsist notwithstanding thereof.
Act. Norvell.Alt. Cunyghame. In P. D.
Advocates' MS. folio 53.
