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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burnet v Lepers. [1665] Mor 5871 (23 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor1405871-083.html
Cite as: [1665] Mor 5871

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[1665] Mor 5871      

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION II.

Extent of the Husband's liability for the Wife's debts contracted before Marriage.
Subject_3 SECT. III.

The husband not liberated by the dissolution of the marriage if lucratus.

Burnet
v.
Lepers

Date: 23 December 1665
Case No. No 83.

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If a husband get more with his wife than an ordinary and competent tocher, effeiring to his circumstances, he will be liable for his wife's debt, after dissolution of the marriage, in quantum lucratus est, and the lucrum will be considered to be the benefit he has gotten above an ordinary tocher.

Fol. Dic. v. 1. p. 391. Stair.

*** See this case, No 78. p. 5863.

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/1665/Mor1405871-083.html