Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VIII.
The Wife how far valens agere without concourse of her Husband.
Subject_3 SECT. VI.
Husband bound to do diligence to recover his wife's tocher, unless when due by herself.
Campbell v. Campbell
Date: 22 February 1665 Case No. No 269.
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A wife pursuing her father-in-law, for employment of her tocher, conform to her contract; he alleged absolvitor, because the clause bore expresly, that so soon as the tocher was paid compleatly, he should employ it, and so much more for the wife's liferent use; so that, unless it were shown, that the tocher was compleatly paid, he was not obliged. The pursuer answered, that she was not obliged to pay the tocher, but her father, and if any neglect or defect was therein, it was not her fault, but the defender ought to have done diligence, debito tempore, and therefore, albeit the tocher were not paid, at least he must employ his own part proportionable to what of the tocher he hath received.
Which the Lords found relevant, and if the pursuer had not restricted herself to that proportion they would have sustained it simply, for all the defenders own part.
