A life-rent tack by a husband to his wife, reduced, because, it contained no tack-duty.
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The Laird of Grange Durham, in Angus, heir to his umquhile brother, pursued N., Inglis his brother’s wife, to remove forth of part of the dwelling place of Grange. The defender alleged, that she should not remove therefrom, because her umquhile husband had disponed and set to her without payment of any mail, the said part of the said place, for all the days of her life-time, and to that effect produced a letter of tack subscribed with his hand. The pursuer alleged, that the letter produced could not save her unremoved, without it had contained a duty yearly to have been paid; therefore, also, it could not be called a disposition, because all dispositions of life-rent given titulo lucrativo, require a sasine, which the defender has not, and therefore she should remove: Which allegeance of the pursuer was admitted by the Lords.
