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Scottish Court of Session Decisions >>
Gordon v Inglis. [1681] Mor 6180 (23 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor1506180-385.html Cite as:
[1681] Mor 6180
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION XI.
Marriage Dissolving within the Year, all things are Restored hinc inde.
Subject_3 SECT. III.
Marriage presents. Expenses laid out during Marriage.
Gordon v. Inglis
Date: 23 February 1681 Case No. No 385.
In an action for repetition of tocher, the wife having died within the year, the Lords allowed the husband to deduct debts due by the defunct before the marriage, and paid by him; but refused deduction of aliment and other expenses bestowed during the marriage.
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A repetition of a tocher, because the marriage dissolved within year and day without bairns. The husband craved deduction of her marriage clothes and feast, and for her entertainment during the standing of the marriage, and the expenses of her funerals, seeing it was usual for women and their friends to furnish their own marriage clothes and feast, and the rest would have affected her though she had died without marriage, and why should he be a loser. The Lords refused to deduct any expenses, except for the bridal clothes, the price whereof was a debt preceding the marriage, and for the funeral charges.
Fol. Dic. v. 1. p. 414. Fountainhall, MS.
*** See Stair's report of this case, No 126. p. 5924.
