Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

Archibald Gilchrist, Petitioner

Date: 2 July 1776

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On a bill accepted by Gray and Crawford his wife, Gilchrist obtained decreet of adjudication of subjects belonging to both. The decreet was pronounced in December 1775, and, quoad the husband, it became final,—but, as to the wife, was kept open by representations, on the footing, that no execution could pass upon a bill granted by a wife stante matrimonio; and, as to her heritable subjects, she had, in truth, disponed them away to a sister, who compeared and craved to have them struck out of the adjudication. By this means, the dispute with the wife and her sister continued till 5th March 1776; before which time, the husband was dead, and more than sixty days had elapsed since pronouncing the decreet of adjudication against his subjects, in December 1775.

Gilchrist petitioned the Court, setting forth the fact, and praying a remit to the Lord Ordinary who pronounced the decreet, to sign the abbreviate, and for authority to the clerk to record it. Both of which the Lords granted.