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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Buchanan v Lady Barrafield. [1741] 2 Elchies 256 (25 February 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies020256-016.html
Cite as: [1741] 2 Elchies 256

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[1741] 2 Elchies 256      

Subject_1 HUSBAND AND WIFE.

Buchanan
v.
Lady Barrafield

Date: 25 February 1741
Case No. No. 16.

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Wife having an alimentary provision given by a third party, is personally liable, even after dissolution of the marriage, and after the aliment ceases, for bills granted by her for necessaries during the subsistence of the aliment, even though de facto she left the administration of the alimentary provision to her husband. But the Lords afterwards altered this interlocutor, because the right was in the name of a trustee for the aliment of the wife and children, (the husband himself being incapable of it;) but the husband still continued the management of his family, and even of the alimentary subject as formerly, so that the alimentary provision to the wife was in effect but a name and a cover to the husband.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies020256-016.html