Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Peebles
v.
The Lord Hollo

Date: 17 January 1678

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In a competition betwixt the donatar of a husband's escheat, and the successors of a wife, to whom he had disponed his moveables, for love and favour;

It was alleged for the donatar, That a disposition of moveables, by a husband to a wife, could have no effect against a donatar or creditor of the husband; because, if such dispositions could establish the right of their moveables in the wife's person, the same did recur to the husband jure mariti: and, therefore, all diligence of creditors who would affect such moveables, as being in the disposal of a husband, must be preferred; for otherwise creditors might be defrauded by such gratuitous dispositions of husbands to their wives.

The Lords found the disposition to the wife not to exclude the donatar of the husband's escheat, except in so far as concerns clothes and ornaments for her person; which were exempted à communione.

Vol. II, Page 593.