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Scottish Court of Session Decisions >>
Bannatyne v Clerk. [1768] Mor 5860 (29 January 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor1405860-072.html Cite as:
[1768] Mor 5860
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. I.
Personal debts. - Annualrent of heritable debts. - Liable for heritable debts in qnantum lucratus.
Bannatyne v. Clerk
Date: 29 January 1768 Case No. No 72.
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Although a husband is liable for the debts contracted by his wife before marriage, yet they must be her own proper debts. If, therefore, contracted for cloaths while in familia of her father, and at an age when he is bound to aliment her, the husband is under no obligation to pay them. See Appendix.
