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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Buchanan v Lady Barrafield. [1740] 1 Elchies 188 (5 December 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010188-016.html |
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Subject_1 HUSBAND AND WIFE.
Buchanan
v.
Lady Barrafield
1740 ,Dec .5 .1741 ,Feb .25 .
Case No.No. 16.
Click here to view a pdf copy of this documet : PDF Copy
In this question the Lords thought a wife who had an aliment constituted to her by a third party could bind herself personally, so as the debt would affect her and her separate estate after dissolution of the marriage, and that the aliment ceased, I own I was singular,
for I thought that the wife's contractions would be effectual to affect the subject of the aliment, but not the wife herself or her separate estate. But in this I was solus However, several were of opinion that the Lady was not here liable on another ground, that the lands the subject of the aliment were sold before these furnishings. But it carried that she was liable, because they thought the price came in place of the lands, the Lady got none of it, and all was managed by the husband. 13th February, The Lords altered. They thought that an aliment thus constituted to a trustee for the wife and children as a cover for the husband who continued the management, was no sufficient reason for altering the law that a wife cannot bind herself. 25th February Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
