A husband divorced for adultery, cannot revoke a gift made to his wife, stante matrimonio.
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Tenants of certain lands pursued Henry Murray of Dunfermline, and Marion Livingston, for double poinding, to see whilk of them had most right thereto. The said Henry alleged, That he gave the lands to the said Marion, being his wife, not by contract of marriage, but of good will after the marriage; whilk thereafter he revoked; and, therefore, he should be answered of the duties of the said lands. And the said Marion alleged, That Henry infeft her constante matrimonio betwixt them; and now the marriage was dissolved by sentence of divorce given against the said Henry, for adultery committed by him: And albeit he had revoked the infeftment given after the decreet of divorce, whilk he did not the time of the marriage, as now should not be admitted, because that he, in respect of the divorce, is civiliter dead; and, therefore, she should be answered of the duties of the said lands: Whilk allegeance of the said Marion was found relevant, and admitted by the Lords, and the tenants decerned to answer to her, of the mails and duties foresaid.
