Fenton Livingstone v. Fenton Livingstone [1907] ScotLR 503 (09 March 1907)

Fenton Livingstone v. Fenton Livingstone [1907] ScotLR 503 (09 March 1907)

Only those sums given by the wife to the husband which, on the face of the statement, do not appear to have been applied and consumed are subject to proof and potentially recoverable as donations; sums already spent for mutual or family purposes are not recoverable, as the doctrine of revocation does not apply to them.

Source-derived case information.

Citation
[1907] ScotLR 503
Parties
Pursuer (wife): Mrs E. M. M'Dougall or Fenton Livingstone; Defender (husband): J. N. E. Fenton Livingstone
Jurisdiction
Scotland
Judgment Date
09 March 1907
Procedural Posture
Civil (action for Payment/recovery of Sums) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Donation Between Spouses, Revocation of Donation, Recovery of Sums Given During Marriage, Distinction Between Loans and Gifts, Consumption of Gifted Sums
Family Law Property Law Donation Between Spouses Revocation of Donation Recovery of Sums Given During Marriage Distinction Between Loans and Gifts Consumption of Gifted Sums

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Parties

Mrs E. M. M'Dougall or Fenton Livingstone

Pursuer (wife)

J. N. E. Fenton Livingstone

Defender (husband)

Procedural Posture

Civil (action for Payment/recovery of Sums) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a wife can recover sums given to her husband as donations during marriage after revoking them
  2. 2 Whether sums given and consumed for family or mutual purposes are recoverable as donations
  3. 3 Whether the legal doctrine of revocation applies to money already spent

Ratio Decidendi

Only those sums given by the wife to the husband which, on the face of the statement, do not appear to have been applied and consumed are subject to proof and potentially recoverable as donations; sums already spent for mutual or family purposes are not recoverable, as the doctrine of revocation does not apply to them.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Proof allowed only for sums not ex facie applied and consumed; claim for sums already spent for mutual or family purposes repelled as irrelevant.