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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2209118-008.html

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[1675] Mor 9118      

Subject_1 MOVEABLES.

Thomson
v.
Elies

Date: 17 December 1675
Case No. No 8.

Click here to view a pdf copy of this documet : PDF Copy

The Lords found, in the case of a right of moveables, granted by a husband to his wife, with the burden of his debts, and a provision that they should be affected with the same, that the property of the goods was settled in the person of the wife, so that she might dispose of the same. And those who acquired right thereto are not concerned to enquire whether the price be converted to the use and satisfaction of the creditors, who will have a personal action against the wife. So that she will in effect be in the case of an executor or trustee. But if the goods so affected be extant, the creditors of the husband will be preferable to the wife's proper creditors, her right being fiduciary, (as said is) and to the use foresaid. See No 141. p. 5939.

Fol. Dic. v. 1. p. 593. Dirleton, No 320. p. 155.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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