What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. V.
Effect of rendering the Wife's Heritable Subjects Moveable.
Hill of Ibrox v. King
1719.
January. Case No. No 34.
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A daughter having insisted in a reduction of a disposition of lands by her father, as done without any onerous cause, in prejudice of a settlement in her favour; the Lords found it in part onerous, and refused to reduce; but ordered the defender to give bond, bearing annualrent to the pursuer for what was wanting of a just price. The disposition was made, and bond granted during the daughter's marriage, which gave rise to the question, whether this bond fell under the jus mariti? That it fell under, was contended, because all bonds are moveable before the term of payment; and if this bond was once moveable during the marriage, it of consequence fell to the husband, and could not cease to be his, though afterwards it bore annualrent.—It was contended on the other hand, That the bond came in place of land, and was the same as if the wife had sold her heritage during the marriage, and taken a bond for it, which unquestionably would be exempt from the jus mariti. Had indeed the marriage intervened betwixt the date of the bond and the term of payment, more might be said, for that would be the same case as if a bond had been taken as the price of land sold before the marriage.—The Lords found the sum heritable. See Appendix.
