Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Pitsligo's Creditors v. The Two Ladies
Date: 9 January 1694
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Arbruchell reported the competition between the creditors of Lord Pitsligo and the two Ladies. The Lords sustained the old Lady's infeftment, being for the principal sum of 4000 merks, notwithstanding it was alleged to be donatio inter virum et uxorem; seeing there was no contract of marriage, and this provision came in place of it; and ordained her to be ranked conform to the date of Watson's infeftment, who was her trustee. And as to the young Lady, preferred her as to her jointure of forty chalders of victual, because prior to all the creditors' diligence. But, as to her additional provision of ten chalders more in 1687, found the creditors preferable to her therein, unless she can prove that, at the time, her husband had a sufficient visible estate to pay all bis creditors, and the additional jointure beside: and repelled that allegeance proponed for her,—offering to fortify it, by proving it depended on two onerous causes, viz. the alimenting the children, and the inlake of her principal jointure, which fell short of the forty chalders of victual; for the Lords found she could not canvel and contradict the narrative of her own right, which bore expressly for love and favour: and, if her jointure-lands did not pay the foresaid quantity of victual, she might have adjudged thereon; but cannot retain and ascribe this additional right for making up the same.
