Scottish Court of Session Decisions

John Marshall was sequestrated in 1840, and has never been discharged. After the date of the sequestration, a disposition dated in 1864 was granted by the voter's wife to him in liferent as alimentary, and for his liferent use allenarly. The deed shows that there was a son of the marriage. No procedure appears to have taken place under the sequestration, the bankrupt being left in possession of the subjects. The trustee under the sequestration was discharged, and no new trustee was appointed. The Sheriff having decided against the voter's claim to be retained upon the register, the Court reversed, holding that the fair presumption in this case was that the jus mariti had been excluded, that the wife's power of granting the disposition was unaffected by her husband's sequestration, and that the husband had full right to vote in virtue of the qualification conferred upon him by his wife. They therefore reversed the Sheriff's judgment, and repelled the objection.