Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN GILMOUR OF CRAIGMILLER.

Elizabeth Rig
v.
Thomas Beg

1665. November.

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In the declarator of redemption, in June last, pursued by Thomas Beg against John, his son, thereafter compeared Elizabeth Rig, spouse to the said Thomas, who was infeft in the liferent of the said tenements for implement of her contract of marriage, and to whom, for security of her liferent, the said reversion and order of redemption was assigned; and it was alleged for her, That she concurred to the pursuit. Answered, That she could not concur, being clad with a husband, who could not give her personam to pursue where he himself is excluded. 2. Her assignation was not registrate in the register of reversions. 3. Her infeftment was not habilis modus, to transmit the right of reversion in her favours, without an assignation registrate. Replied, That the wife, with or without the husband's concourse, might defend and make good her own right. 2. A disposition and procuratory of resignation, whereupon infeftment followed, needs not to be registrate: her seasine being debite registrate, at least in the town of Edinburgh's books; which is sufficient. 3. Such a right denudes the granter of omne jus, and consequently of the right of reversion; as has been often found. The Lords, having heard the cause in præsentia, sustained the order at the wife's instance, ad hunc effectum that she may bruik her liferent after her husband's death, in case she survived him.

No. 165, Page 116.