Lord Ruthven And Another v. Pulford & Sons [1909] ScotLR 612 (19 March 1909)

Lord Ruthven And Another v. Pulford & Sons [1909] ScotLR 612 (19 March 1909)

The arrestment of the alimentary fund for arrears of alimentary debts is valid; the joint nature of the fund does not entitle either spouse to claim a separate half free from arrestment for proper alimentary debts. The law as settled in Monypenny v. Earl of Buchan applies, and the fund is not severed between the...

Source-derived case information.

Citation
[1909] ScotLR 612
Parties
Petitioners: Walter James Hore Ruthven, Baron Ruthven of Freeland and Lady Ruthven; Respondents: Pulford & Sons
Jurisdiction
Scotland
Judgment Date
19 March 1909
Procedural Posture
Petition for Recall of Arrestments / Judgment After Hearing
Outcome
Petition refused; arrestments sustained.
Legal Topics
Arrestment of Alimentary Income, Alimentary Debts, Joint Estate, Trust Income Attachment
Trusts and Estates Family Law Debt Recovery Arrestment of Alimentary Income Alimentary Debts Joint Estate Trust Income Attachment

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Parties

Walter James Hore Ruthven, Baron Ruthven of Freeland and Lady Ruthven

Petitioners

Pulford & Sons

Respondents

Procedural Posture

Petition for Recall of Arrestments / Judgment After Hearing

Legal Issues

  1. 1 Whether arrestment of an alimentary fund for arrears of alimentary debts is valid
  2. 2 Whether a joint alimentary fund can be severed for the purposes of arrestment
  3. 3 Whether the debt in question is properly alimentary in nature

Ratio Decidendi

The arrestment of the alimentary fund for arrears of alimentary debts is valid; the joint nature of the fund does not entitle either spouse to claim a separate half free from arrestment for proper alimentary debts. The law as settled in Monypenny v. Earl of Buchan applies, and the fund is not severed between the spouses.

Court Disposition

Petition refused; arrestments sustained.

Orders

  • Prayer of the petition refused
  • Respondents Pulford & Sons found entitled to expenses