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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Gowan v Margaret Forrest. [1685] 2 Brn 83 (00 November 1685)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
George Gowan
v.
Margaret Forrest
1685 .November .Click here to view a pdf copy of this documet : PDF Copy
A wife's father having obliged himself, in her contract of marriage, to pay the tocher to her and her husband; and she, twenty years after the husband's death, having pursued his heir to make up the deficiency of her jointure;—Alleged for the defender, The tocher being payable to the wife as well as to the husband, sibi imputet that she did not recover payment before now; that the father, the debtor, is insolvent; and the clause in the contract, that the husband is to add to the tocher, imports the condition of payment thereof. Answered, The making it payable to the wife was but a compliment, and,jure mariti, it accresced to the husband. Again, she was not valens agere during the marriage, nor obliged, either before or after, to do diligence. The Lords found the negligence only to be imputed to the husband and his heirs, and not to the wife; and therefore repelled the defence.
Page 97, No. 375.
The electronic version of the text was provided by the Scottish Council of Law Reporting