Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IV.
The Husband's powers with regard to the management of the common stock, and of the Children.
Allan's Executors v. Lauder
Date: 16 January 1628 Case No. No 135.
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An action intended against Robert Lauder, as intromitter with the goods and gear of Abigail Pringle, his umquhile wife, which Abigail did intromit with the goods of N. her husband, debtor to the pursuer, not sustained; in respect, that this intromission was not vitious, but only with his own goods brought to him by his wife, which was both necessary and lawful.
Spotiswood, (Husband and Wife.) p. 155.*** Durie reports the same case.
In an action betwixt Allans, as executors confirmed, ad omissa, to their father's goods, against one Lauder, as intromitter with his wife's goods after her decease, and which wife, being the pursuer's mother, had intromitted with the said omitted goods, and was married upon the said Lauder, now defender, her second spouse;— The Lords assoilzied from this pursuit, because it was found, that the husband defender, having only continued after his wife's decease, in the possession of his goods, which he had before his wife died, and while they lived together, that continuing of the possession retained by him, there being no other deed libelled of any other intromission with any goods of his wife's de novo, after her decease, besides that which he had in his marriage, it could not make him vitious possessor, nor produce this action against him, as against a wrongous intrommitter; but the pursuers might cause confirm the wife's testament, and cause charge the defender to do the same, whereby they would evict the dead's part, and it would be made liable to them, for any thing they might evict against the defunct, for her intromiswith the said omitted goods, out of her first husband's testament. See Passive Title.
Act. Gibson.Alt. Hart.Clerk, Gibson.
Durie, p. 327.
