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Scottish Court of Session Decisions >>
Douglas v Stirling. [1623] Mor 5861 (27 February 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor1405861-075.html Cite as:
[1623] Mor 5861
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION II.
Extent of the Husband's liability for the Wife's debts contracted before Marriage.
Subject_3 SECT. II.
Effect of the Dissolution of the Marriage, as to the Wife's Moveable Debts.
Douglas v. Stirling
Date: 27 February 1623 Case No. No 75.
A husband, after his wife's death, cannot be imprisoned for debt contracted before the marriage; and if he be imprisoned before her death, he will be set at liberty.
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James Douglas of Glaspen being married to Isobell Moffat, relict of James Stirling advocate, and the said Isobell being charged for her debt contracted before Glaspen's marriage, and he charged for his interest, and they both denounced, and the husband warded; his wife deceasing, he summons the denouncers to see him put to liberty, since his interest was extinct by his wife's death; which desire the Lords thought reasonable. Thereafter it was alleged, That he was arrested by the said umquhile James Stirling's bairns, upon a decreet for debt, wherein he was principal, and for an act of cautionry.—I alleged, That as a man could not be warded, not being at the horn, so he could not be arrested and retained in ward, unless he were rebel.
Fol. Dic. v. 1. p. 391. Haddington, MS. v. 2. No 2788.
