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Scottish Court of Session Decisions >>
Byres v Reid. [1708] Mor 8995 (28 July 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor218995-121.html Cite as:
[1708] Mor 8995
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In a reduction at the instance of a wife upon minority and lesion, in a competition with the husband's creditors, libelling upon her disponing in her contract of marriage, at the age of seventeen, all her heritage, and the husband binding for a suitable jointure; yet that soon after the marriage, it appeared that he was worth nothing, having first retired to the Abbey, and then to Flanders to be a soldier; and his creditors having seized on his whole estate, she and her children were left miserable; and the creditors alleging, That she could not say she was lesed, being provided to a competent jointure;—to which it was answered, That she was enormly lesed, by denuding of her estate, to be carried off by his creditors; and her jointure was but a name, nothing being left, either for her liferent or childrens' provision.—The Lords repelled that defence, and found the minority and lesion proved, and reduced the contract, in so far as concerned the disposition she had given of her own estate; only this did not take from the husband and his creditors the jus mariti to the rents of the lands during the standing of the marriage, and until the husband's death.
Fol. Dic. v. 1. p. 581. Forbes. Fountainhall.
*** This case is No 249. p. 6045. voce Husband and Wife.
