Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MUTUAL CONTRACT.

John Cowan and Company
v.
Henry and Katherine Storars

Date: 30 November 1773

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[Dictionary, p. 9142.]

Auchinleck. This subject was moveable, and fell under the jus mariti. The aliment was ex pietate; for the subject did not, at that time, bear interest.

Monboddo. The sum was not heritable, for it did not bear interest.

Pitfour. The old form, in bonds, was to become bound to restore the sum borrowed at the next term, or else to grant an annuity till payment. If the debtor paid, at the term, no interest was due; if not, the debt became heritable.

Coalston. The only difficulty is as to the wife's claim of retention till she is provided in an aliment. That claim is very equitable, but there is no law for it; the wife's aliment, during the subsistence of the marriage, must depend on the state of the husband.

On the 30th November 1773, “The Lords found that Henry Storar is not entitled to take credit for any expense which may have been incurred by him in alimenting, clothing, and educating Katherine Storar while her bond of provision was not exigible and bore no interest: also, Repelled the claim made by Katherine Storar, in her own right, and preferred John Cowan and Company;” (the creditors of her husband;) adhering to Lord Hailes's interlocutor.

Act. A. Bruce. Alt. R. Blair.