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Scottish Court of Session Decisions >>
Young v Young. [1667] Mor 5851 (4 June 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor1405851-062.html Cite as:
[1667] Mor 5851
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. I.
Personal debts. - Annualrent of heritable debts. - Liable for heritable debts in qnantum lucratus.
Young v. Young
Date: 4 June 1667 Case No. No 62.
Whether the wife's oath will be evidence of a debt contracted by her before marriage, so as to make her husband liable.
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In the case Young contra Young, it was agitated, whether a husband be liable for his wife's debt before the marriage, being proved no otherways but by her oath during the marriage, if the husband declare he does not distrust her, and believeth she hath declared truth.
The Lords did not decide the point; but some were of opinion, that if the husband declare upon oath, that he believeth she did declare truth, he will be liable; in respect that, by the law, the husband is liable for the wife's debt, being legally proved: And the question is only, whether the wife may declare in prejudice of her husband, which she cannot do, because otherways it may be in the power of an untoward wife to undo her husband; which inconveniency ceaseth when the husband declareth he hath no reason to distrust the wife, and that he believeth she hath told truth: The great question will be, whether the husband may be urged to give such an oath of credulity? seeing, whatever a husband thought, yet having an imperious woman, he should be forced to comply with her, and to declare that he believeth her, otherways he would have a miserable life.
