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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Richard Storrar v Creditors of Lidster. [1773] 5 Brn 469 (00 November 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1773/Brn050469-0473.html
Cite as: [1773] 5 Brn 469
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[1773] 5 Brn 469
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of the Reporters for the Faculty.
Subject_2 HERITABLE AND MOVEABLE. JUS MARITI.
Richard Storrar
v.
Creditors of Lidster
1778 .November . Click here to view a pdf copy of this documet : PDF Copy
Richard Storrar, in November 1765, granted bond of provision for 1000 merks to his daughter Katharine, payable at the first Whitsunday or Martinmas after her majority or marriage, with annualrent thereafter. In August 1771, Katharine married Thomas Lidster, while she was yet under age, and without any contract; and Lidster soon after becoming bankrupt, his creditors arrested the provision in her hands, as falling to their debtor jure mariti. Storrar pleaded, in absence, that the bond was heritable. To which the Creditors answered, that the bond was to all intents moveable ;—the marriage, which was a legal assignation, happening not only before the term of payment of the bond, but even of the annualrent upon it. The Lords found so, and that it fell under the, jus mariti.
The electronic version of the text was provided by the Scottish Council of Law Reporting