Whether deeds betwixt Husband and Wife, where there are clauses favour of third parties are revocable, although gratuitous.
Laird of Hisleid v. Lindsay
1591.
December. Case No. No 316.
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The Laird of H. pursued Robert Lindsay of, spouse to Elizabeth Semple, Lady Knockdol, for payment of a certain sum of money, alleging, That the said Robert had obliged him to his said spouse to pay the said sums and debts, which were owing By her and her former husband to sundry and diverse persons, as a ticket of the same, subscribed by the said Robert, bears. Answered, That the pursuer could have no action by virtue of the said obligation to pursue; because fuit contractus inter maritum et uxorem, et quasi alienatio, quæ non tenent de jure; and therefore the defender could not be obliged, by virtue of the said contract that was null of itself, to pay a thing to a third person. It was answered, That in so far as the said obligation was made in favours of the third person, to pay the debts contracted by the wife, and that the husband was to receive great sums of money by the marriage of the wife, the obligation was lawful, and ought to take effect. The Lords found the obligation was sufficient to give a title to the creditor to pursue the defender.
Fol. Dic. v. 1. p. 409. Colvil, MS. p. 464.
*** See Spottiswood's report of this case, No 300. p. 6087.
