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Scottish Court of Session Decisions >>
A. v B. [1668] Mor 6119 (3 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor1506119-335.html Cite as:
[1668] Mor 6119
Doubted, whether infeftment propriis manibus of a husband, in favour of his wife, in implement of her contract of marriage, was to be held as good evidence of the fact.
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A wife provided to an annualrent in victual, out of certain lands, by her contract of marriage, did renounce the same, and thereafter was infeft in an annualrent out of other lands. And, upon the said last infeftment, a process being intented for poinding of the ground, it was alleged, That the sasine was null, being alleged to be given by a husband propriis manibus, and the assertion of a notary without any precept or warrant in writ. It was answered, That the marriage, with the relict's renunciation of her former right, and her contract of marriage, being all produced, are sufficient adminicles to sustain the same.
The Lords inclined to favour the relict, yet they found it of a dangerous consequence, that a real right should depend upon the assertion of notaries and witnesses. And the question not being, whether the husband might or ought to have given his wife the said right in recompense of her former; but whether de facto he did the same, seeing the foresaid writs having no relation to the sasine, either as given or to be given, could not be adminicles to warrant or sustain the same; and, therefore, before answer, it was thought fit to inquire if there had been any decision in the like case, as was informed.
