The Law Reports (House of Lords, Scotch and Divorce Appeals)
LR 2 ScDiv 192
[HOUSE OF LORDS]
HARVEY APPELLANT; FARQUHAR et al. RESPONDENTS.
1872 Feb. 22.
THE LORD CHANCELLOR, LORD CHELMSFORD and LORD WESTBURY.
Divorce
— Consequent Forfeiture of Donatio propter Nuptias
— Tocher.
Divorce for Desertion.
Divorce for desertion involves a forfeiture of all claims under a marriage settlement, whether ante-nuptial or post-nuptial; the statute of 1573, c. 55, declaring that “the offenders shall tyne and lose tocher and donationes propter nuptias.”
Divorce for Adultery.
Divorce for adultery involves the same penal forfeiture as that which arises from divorce for desertion, although the statute is silent as to divorce for adultery.
Per LORD CHELMSFORD:— The penalty is the legal consequence, not of the adultery, but of the decree of divorce:—
Held by the House, that a rule lauded by the highest legal authorities in Scotland, and acted upon for centuries, ought not to be disturbed upon appeal.
Tocher.