Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Samuel Cheisly
v.
Francis Wauchope

Date: 23 January 1674

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In a suspension, raised at Samuel Cheisly's instance, against Francis Wauchope, who had charged him as having right by translation from his wife, who was assignee constituted by his sister, to whom the suspender had granted bond for the sum of —, upon this reason,—That the charger could have no right by translation from his wife; because her assignation from her sister was to her and her children, secluding her husband; so that it was not in her power to transfer the same in his favours:

It was answered, That his wife, being fiar, and having only right whereby she might uplift, or her creditors affect the sum contained in the bond; notwith-standing of that clause secluding her husband, she might transfer her right to him, or any others for his behoof.

The Lords found the letters orderly proceeded, notwithstanding of the reason libelled; and, notwithstanding that the husband was secluded, found, That the wife might transfer her right, which was founded upon her assignation.

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