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. II.
Effect of the Dissolution of the Marriage, as to the Wife's Moveable Debts.
Dunbar of Hemprigs v. Frazer
Date: 11 July 1664 Case No. No 77.
A husband assoilzied from his wife's debt after she died, altho' there was an interlocutor ordaining him to give bond for what should be found due by her.
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Hemprigs, as executor to Dumbeath, having pursued the Lady Frazer, relict of Dumbeath, and the Lord Frazer for his interest, for payment of executry intromitted with by the Lady, there being litiscontestation in the cause, Dumbeath calls the act, and craves the term to be circumduced against the Lord Frazer, who alleged, That now his Lady was dead, and so his interest being jus mariti, ceased.—It was answered, Litiscontestation being made, the debt was constituted in the husband's person, as if he had contracted to pay it, litiscontestation being a judicial contract; 2dly, The Lord Frazer was decerned to give bond to pay what his Lady should be found due.—Frazer answered, That no bond was yet given, and that the ordinance was only against him as he was cited, which was for his interest, which is ceased.
And which the Lords found relevant and assoilzied.
