Subject_1 HUSBAND and WIFE. Subject_2 DIVISION XI.
Marriage Dissolving within the Year, all things are Restored hinc inde.
Subject_3 SECT. IV.
The birth of a live Child saves the right of the Husband.
Ogilvie v. Riddoch
Date: 12 Jan 1612 Case No. No 387.
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In an action of ejection and spuilzie, pursued by Mrs Catherine Ogilvy, relict of John Riddoch, against William Riddoch, her good father, for ejecting her, after her husband's decease, out of the lands of Mulliegan and Schiells, wherein she was infeft in conjunct fee and for spulziation of the goods, this exception was repelled, that her infeftment could give no action, because her husband died within year and day, in respect of her reply, that the time of this ejection she was with child, six months gane, of which child she parted four months thereafter, and sae her infeftment was in.
Fol. Dic. v. 1. p. 415. Kerse MS. fol. 64.*** Haddington reports the same case.
Jan. 28. The husband being slain within the year after his marriage, and his wife being in conjunct possession with him of the lands which were, by their contract of marriage, to be her conjunct fee, if, after the husband's decease, his nearest friends dispossess the relict against her will, she will get action of ejection against them, especially if she be with bairn, albeit she bear it not quick.
