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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir George Morisone and his Creditors v Dame Agnes Boyd, his Lady. [1677] 1 Brn 791 (13 July 1677)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Sir George Morisone and his Creditors
v.
Dame Agnes Boyd, his Lady
13 July 1677 Click here to view a pdf copy of this documet : PDF Copy
In a double poinding, raised by the Earl of Southesk, as debtor, by bond, to John Morisone, son to Sir George; in place of a bond, whereby the Earl of Caithness and the Lord Sinclair were debtors to the said Sir George for the like sum; by which bond Southesk became obliged to pay to the Lady the annualrent during her lifetime, as an aliment, and to the said John Morisone, the principal sum, after her decease; Southesk, being pursued for the annualrent at Sir George's instance, as likewise at his creditors' instance, as having arrested:—
It was alleged for Sir George, That he ought to be preferred to the Lady for the annualrent, because it belonged to him jure mariti, and during his lifetime his wife could have no right as liferenter.
It was answered for the Lady, That, notwithstanding, she could have the only right; because Sir George, her husband, being resolved not to live in familia with his Lady, did, with consent of his son and her friends, provide her to the annualrent of the said sum for an aliment, with an express provision that none of his creditors should affect the same; and so neither he nor his creditors, by any diligence or arrestment, could take away her right, which was an aliment, and in law not arrestable.
The Lords, as to the husband's interest jure mariti, did prefer the Lady; upon that ground, That she being provided to an annualrent of that sum, for entertainment of herself and two children and servants, it was but a reasonable provision; and, therefore, during their separation, which was the cause of that aliment, he could not crave any part thereof jure mariti: but, as to the interest of creditors who were prior to the said transaction, that point was not decided, but remitted to some of the Lords to settle them.
Page 674.
The electronic version of the text was provided by the Scottish Council of Law Reporting