A sasine was granted to a wife propriis manibus for mere love and favour. A reduction was not sustained unless upon showing, that the wife was otherwise sufficiently provided for.
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Mr John Hamilton having right to a comprising of lands pertaining to umquhile Mr James Hamilton, deduced for his debt, pursues the relict of the said umquhile Mr James, for reducing of a sasine of some of the said lands comprised, granted to her by her umquhile husband, upon this reason, that the sasine was granted by the husband to his wife propriis manibus, only for mere love and favour, there being no other adminicle nor impelling cause for warrant thereof, and therefore ought not to be sustained to prejudge a true creditor who hath comprised, and is infeft; but the creditor ought to be preferred to the right of the said land, notwithstanding of the said infeftment granted to the wife. In this process, the defender being absent, and the pursuer producing the defender's sasine, extracted out of the notary's prothocol, which being conferred with the debt, whereupon the comprising was deduced, the Lords found the reason relevant and proved by the said sasine, being of the tenor foresaid, and none compearing to show any other adminicle or warrant for sustaining thereof; notwithstanding that the debts for which the comprising was deduced, were of a posterior date to the wife's sasine quarrelled; but the Lords found it requisite to the pursuer to prove further with this reason, that the wife, the defender, was otherwise sufficiently provided to some reasonable proportion of her husband's lands, whereby she might competently live, by and attour the lands contained in this sasine quarrelled.
Act. Præsens.Alt. Johnston.Clerk, Gibson.
Fol. Dic. v. 2. p. 245. Durie, p. 884.
