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Scottish Court of Session Decisions >>
Creditors of Bernard Clunies v Sinclair and Her Husband. [1739] Mor 713 (19 January 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0200713-049.html
Subject_1 ARRESTMENT. Subject_2 What Subjects Arrestable.
Creditors of Bernard Clunies v. Sinclair and Her Husband
Date: 19 January 1739 Case No. No 49.
In what manner an arrestment affects the jus mariti. Decided in conformity with No 39. p. 702.
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The question occurred with the regard to a bond due to a married woman, the annualrents of which belonged to her husband, if an arrestment for his debt, laid on in the debtor's hands, did affect the jus mariti, or the annualrents only due at the date of the arrestment?——The Lords found that the arrestment carried no more than the annualrents that were fallen due, and the current term; and the reason given for it was, that arrestment can carry nothing but what is due to the common debtor, when it is laid on, not being of the nature of an inhibition to affect adquirenda; that the proper diligence in this case, is an adjudication against the husband, in whom the jus mariti subsists.
Fol. Dic. v. 1. p. 55.*** The same case is thus reported by Lord Kilkerran.
It had been formerly determined between John Spruel, and the Laird of Grant, anno That a creditor of the husband's arresting in the hands of the wife's debtor by bond, carried not only the annualrents then due, and the current term, but that the arrestment carried the ipsum jus mariti. But the contrary was now determined and found, that it carried no more than the annualrents fallen due at the time of the arrestment, and the current term.
Arrestment affects not acquirenda; and the proper diligence to carry the jus mariti, is adjudication against the husband.
