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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of the Countess of Caithness v The Earland Countess of Fife. [1774] 5 Brn 473 (23 June 1774)
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Cite as: [1774] 5 Brn 473
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[1774] 5 Brn 473
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 HUSBAND AND WIFE.
Date: Creditors of the Countess of Caithness
v.
The Earland Countess of Fife
23 June 1774 Click here to view a pdf copy of this documet : PDF Copy
A Husband is liable for his wife's debts contracted before marriage. As to these, should the husband pay them, and even take assignations to them in name of a third party as trustee, neither the husband nor his heirs can revive them in bar of the wife's claims, by her contract of marriage. But nothing seems to hinder why he may not keep them up against the separate estate of the wife, if she any has.
So the Lords thought, in arguing this cause, 23d June 1774 ; and also in.
arguing another cause, 23d January 1777, Lachlan Duff against Countess of Caithness.
The electronic version of the text was provided by the Scottish Council of Law Reporting