Subject_1 HUSBAND and WIFE. Subject_2 DIVISION III.
Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. I.
Husband bound to aliment and provide for his Wife.
Widow Auchinleck v. Earl of Monteith
Date: 23 June 1675 Case No. No 95.
The husband is liable for goods taken off by his wife, even after inhibition, unless he can prove, that she was otherwise provided for.
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In a pursuit at the widow's, instance against the Earl for payment of a hundred and seventy seven pounds, as the price of a parcel of stuff and furniture, sold to his Lady for her abulziements, it was alleged for the Earl, that before that furniture was gotten off, he had served inhibition against the Lady, which was registered and made public, after which she was not capable to contract debt. It was replied, that the sum craved being for merchandise and necessary abulziements, the Lady being in want, the inhibition could not affect the same, nor put the pursuer in mala fide, especially being for so small a sum. The Lords did ordain the pursuer to give her oath, if the inhibition was particularly intimated to her, which she denied; and thereafter, having advised this as a common cause, did find, that the Earl was net liable, he proving, that he furnished the Lady sufficiently with clothes and other abulziements.
Fol. Dic. v. 1. p. 393. Gosford, MS. No 760. p. 471.
