Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Crichton L Crowdieknows
v.
Creditors

1739, Nov. 14.
Case No. No. 12.

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The Lords found, that the additional provision to the Lady was not remuneratory, and therefore reduced the same in toto except in so far as payments had been made to her bona fide before 1734. The Lords were also of opinion, that where the succession although not damnosa was at least doubtful, and the wife abstained and renounced, that the acquisitions by them ought not to be presumed for the wife's behoof;—but as express back-bonds were alleged to have been granted which might affect the question as to other purchases, therefore they granted diligence before answer for recovering these back-bonds but not for proving eases.