A husband divorced for adultery, having executed a deed of revocation of a liferent of lands he had granted to his wife: to give effect to the revocation, he was bound to prove it was executed before committing the crime, as well as before sentence of divorce.
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Anent the action pursued by Christian* Livingston against Henry Murray in Dunfermline, her sometime spouse, it was alleged by the pursuer, That there was a sentence of divorce given betwixt her and the said Henry: By the whilk sentence the was ordained to bruik her conjunct-fee, liferents, terces, and all other things due to her by virtue of the said marriage. It was alleged by the said Henry, That there were certain lands, that he had infeft the said Christian in, in liferent, after the said Christian's marriage with him; the whilk liferent and infeftment he had revoked; and now, after the divorce, the should not bruik the samen before the sentence of divorce, and intenting of the said action. It was
* In the case above, the Lady is named Marion—The same person seems to be meant.
alleged and answered by the said Henry, That he made the same before the said sentence of divorce, and intenting of the said action. It was answered by the said pursuer, That the said revocation was not relevant, without he would say, that he made the same before the committing of the said crime, whereupon the said sentence of divorce proceeded. Whilk allegeance of the said Christian was admitted, and found by the Lords, that the allegeance of the said Henry was not relevant, without he would allege the said revocation to be made before the committing of the said crime, as said is.
