Scottish Court of Session Decisions

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION I.

What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. VI.

Moveables accruing to the Wife during Marriage.

Scot
v.
Mr John Dickson

Date: 29 January 1663
Case No. No 37.

A sum assigned to the wife was found to become the husband's jure mariti, tho' not intimated by the wife till after his death.

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Scot, as assignee by her father to a bond, charges Mr John Dickson to make payment. He suspends on this reason, that the assignation being while the charger was wife to Scot her husband, the sum belonged to the husband jure mariti; and therefore craves compensation of the like sums, paid to, or for the husband. The charger answered, That though the date of the assignation was before her husband's death, yet her father kept the same in his custody, and it was not intimated till after the husband's death, and so the right not being established in the wife's person by intimation, could not accresce to the husband, unless the suspender would instruct that it was intimated before.

The Lords found, that seeing the assignation was now in the wife's hands, they would not put the suspender to prove the delivery thereof, during the marriage, but that it was presumed to have been delivered according to the date, and that thereby it became the husband's, jure mariti, though no intimation was in his time.

Fol. Dic. v. 1. p. 387. Stair, v. 1. p. 165.