What subjects fall sub communione bonorum et debitorum.
Subject_3 SECT. I.
Illiquid or conditional claims. - Rights having tractum futuri temporis. - Bygones. - Bills of Exchange. - Claims of relief. - Parapharnalia, &c.
Dunlop v. Grays
Date: 23 February 1739 Case No. No 7.
If the bygones of an annuity bearing annualrent fall under the Jus mariti.
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The Lords found, That the bygones of an annuity, which fell due in the wife's viduity before her second marriage, fell under the jus mariti of the second husband, although by a clause in her first contract of marriage, in which the annuity was constituted, the said annuity was to bear annualrent from the respective terms of payment thereof.
It appeared to the Court, That as the acts 1641 and 1661 had made nothing heritable that was not heritable before, nor indeed made any alteration as to the interests of husband and wife, the present question was to be determined by the law as it stood before these statutes, when these bygones would not have been considered fæda pecuniæ, but fructus.
Some of the Lords having been of a different opinion, there was a reclaiming petition appointed to be seen and answered, but which was never advised.
Fol. Dic. v. 1. p. 384. Kilkerran, (Husband and Wife.) No 3. p. 257.
