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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Crichton L. Crowdieknows v Creditors. [1739] 1 Elchies 188 (14 November 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies010188-012.html |
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Subject_1 HUSBAND AND WIFE.
Crichton L Crowdieknows
v.
Creditors
1739 ,Nov .14 .
Case No.No. 12.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found, that the additional provision to the Lady was not remuneratory, and therefore reduced the same in toto except in so far as payments had been made to her bona fide before 1734. The Lords were also of opinion, that where the succession although not damnosa was at least doubtful, and the wife abstained and renounced, that the acquisitions by them ought not to be presumed for the wife's behoof;—but as express back-bonds were alleged to have been granted which might affect the question as to other purchases, therefore they granted diligence before answer for recovering these back-bonds but not for proving eases.
The electronic version of the text was provided by the Scottish Council of Law Reporting
