Scott v. Scott [1908] ScotLR 839 (11 July 1908)

Scott v. Scott [1908] ScotLR 839 (11 July 1908)

Where there has been four years' malicious and obstinate desertion by the defender, and the pursuer is willing to adhere and not disentitled by misconduct, the pursuer acquires a right to divorce which is not defeated by the defender's subsequent insanity.

Citation
[1908] ScotLR 839
Parties
Pursuer: Mrs Kate Thomson or Scott; Defender: Andrew Scott
Jurisdiction
Scotland
Judgment Date
11 July 1908
Procedural Posture
Divorce Action / Reported to Inner House on Competency and Relevancy; Remitted for Proof
Outcome
Action found competent and relevant; proof allowed.
Legal Topics
Divorce, Desertion, Insanity and Divorce, Conjugal Rights
Family Law Divorce Desertion Insanity and Divorce Conjugal Rights

Case Brief

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Parties

Mrs Kate Thomson or Scott

Pursuer

Andrew Scott

Defender

Procedural Posture

Divorce Action / Reported to Inner House on Competency and Relevancy; Remitted for Proof

Legal Issues

  1. 1 Whether supervening insanity of the defender after four years' desertion bars the pursuer's right to divorce
  2. 2 Whether four years' malicious and obstinate desertion creates a vested right to divorce

Ratio Decidendi

Where there has been four years' malicious and obstinate desertion by the defender, and the pursuer is willing to adhere and not disentitled by misconduct, the pursuer acquires a right to divorce which is not defeated by the defender's subsequent insanity.

Court Disposition

Action found competent and relevant; proof allowed.

Orders

  • Case remitted to the Lord Ordinary to find the libel relevant and fix a diet for proof.