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.
Stewart and Irvine v. Stewart
Date: 25 July 1678 Case No. No 271.
Found in conformity with Wolf against Scott, No 268. p. 6064.
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A woman pursuing for her liferent; alleged, The tocher cannot be employed, because it was never paid.——The Lords repelled this, since the husband had not done diligence to recover it, and the wife could not, being sub potestate viri; which the Lords had decided before, between Joan Lockhart and James Bonar, and between Daniel and the Relict of Menzies of Castlehill. *and it agrees with the civil law, l. 26. C. De jure dotium, unless it was promised ex liberalitate et animo donandi, and he become lapsus, l. 28. D. De regulis juris; Et tunc tenetur in tantum quantum facere potest.
