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Scottish Court of Session Decisions >>
The Creditors of Watson of Damhead v Cruikshanks. [1681] 3 Brn 407 (5 July 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030407-0572.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Creditors of Watson of Damhead v. Cruikshanks
Date: 5 July 1681
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Cruikshanks having obtained a divorce against Watson of Damhead, her husband, for his adultery; his creditors raise a reduction of it, upon this reason, That it was merely done by collusion to get his wife in possession of her liferent and jointure, to the seclusion of creditors whose rights were posterior to her contract of marriage: and that the adultery proven was committed after the libel, and so could not be the legal foundation of any sentence on that libel: likeas she knew of his adulteries and cohabited with him thereafter; yea, it can be made appear she gave the woman who was with child to her husband drinks to put back the birth in her belly; and so, dissimulatione tollitur et remittitur injuria. This was taken to the Lords' answer by the register.
