Money lent or deposited by the wife during the marriage, belongs to the husband, and he may pursue for it in his own name.
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One James Fenton pursuing William Carnegy for delivery to him of 950 merks, which was given by umquhile James Fenton's wife, in custody to umquhile Margaret Hepburn, spouse to the said William Carnegy, and was delivered in trust to her, being her kinswoman, without the pursuer her husband's knowledge, seeing it behoved to be reputed his money; and the defender granting, that his wife before her decease declared to him, that that money was so delivered to her, and willed him to deliver the same again to the right owner; but alleged, that he could not be in tuto to deliver it, before the woman's testament were confirmed, who depositated it; and that he might thereby lawfully be exonered thereof. The Lords repelled this allegeance, and found no necessity of confirmation of the wife's testament; but that the husband might challenge and pursue for any money given out by his wife stante matrimonio, as for his own proper money, given out during their marriage by himself.
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WIFE