Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Cuming
v.
Cuming

1737, July 5.
Case No. No. 8.

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I reported a case for advice of an impignoration of a gold watch, chain, and hook, part of Mrs Cuming's paraphernalia, made by her husband about six months before his death when he was proved to have been in great straits, and so continued till his death, upon a loan of money; Whether the wife's consent ought to be presumed, because of his and his family's circumstances, she not having complained while he lived? The Lords thought in general that the husband's possession of his wife's paraphernalia is not sufficient to enable him to dispose of or impignorate them, but in this case because of the circumstances they sustained the impignoration.—July 16, Adhered.