Scottish Court of Session Decisions

Subject_1 PART I.

HUSBAND AND WIFE.

David Gordon
v.
Robert Sempill

Date: 13 December 1776
Case No. No. 4.

A husband who had inhibited his wife, and paid her an aliment during the dependence of a process of divorce he had brought against her, in which he prevailed, found not liable to a person who had furnished provisions to her.

See No. 79. p. 446.

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David Gordon, residenter in the town of Edinburg, brought an action before the Sheriff of Mid-Lothian against Sempill, for furnishings to Jane Mann, Sempill's wife, against whom a process of divorce was pending in the Commissary Court at the instance of her husband. Sempill defended himself upon this ground, that before the period of contracting this account, he had inhibited his wife, and that during the depending of the action before the Commissaries, an interim aliment from time to time had been modified. For Gordon it was answered, that although an inhibition against a wife has the effect to snake a præpositura rebus domesticis fall, so as to free the husband from any general claim on account of his wife's contractions, yet during the existence of the marriage, he still remains liable for necessary furnishings to her, such as aliment, lodging, &c. unless he can show that he has aliunde made provision for her; and that the sums modified by the Commissaries were not sufficient both for interim aliment and expense of process. The Sheriff “assoilzied the defender.”

An action of reduction of this decree was brought by Gordon in the Court of Session. The Lord Alva Ordinary, after some procedure, “repelled the reasons of reduction, and assoilzied the defender.”

And to this interlocutor the Court adhered, upon advising a petition and answers.

Lord Ordinary, Alva. Actor, Crosbie. Act. Ilay Campbell.