Subject_1 HUSBAND and WIFE. Subject_2 DIVISION III.
Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. IV.
Whether the Husband bound to provide his Wife in a Jointure.
Dr Borthwick's Wife v. The Doctor Her Husband
1686.
December. Case No. No 115.
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In a pursuit at the instance of a wife against her husband, concluding, That, in respect he had married her very young, without contract or advice of friends, and got 12,000 merks of portion with her, and had now deserted her, and was now dilapidating his fortune, he might be decerned to secure a liferent to her, and provisions to her children,
The Lords found, That the defender could not be so decerned; but that the pursuer must rest upon her legal provisions of terce and third.
Fol. Dic. v. 1. p. 394. Harcarse, (Contracts of Marriage.) No 382. p. 99.
