A sasine propriis manibus of a husband to his wife, who had no other provision, found a sufficient title.
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The Relict of Galrigs pursues for mails and duties upon her sasine, given propriis manibus. It was alleged for Galrigs, No process, because the sasine is but assertio notarii, without a warrant, there being neither a contract nor obligation to give such a sasine. It was answered, That instruments of sasine given to a wife, propriis manibus, have a sufficient adminicle and presumption by the marriage, and the duty of the husband to provide the wife, especially where there is no contract nor other provision, but most of all where the wife renounced her jointure she had with a former husband in favour of the granter of the sasine, and his creditors, which is a strong presumption he would give her something in lieu thereof;
Which the Lords sustained.
Fol. Dic. v. 2. p. 245. Stair, v. 1. p. 541.*** Gosford reports this case:
Jean Wallace, Relict of William M'Kerral of Hillhouse, being again married to Wallace of Galrigs, by contract of marriage, she was provided to two chalders of victual out of the lands of Correath, which thereafter she renounced, and consented to a disposition thereof, upon sasine given her by her husband propriis manibus of two chalders of victual out of other lands; whereupon after the death of her husband, her son, as assignee, did pursue Galrigs heir, for yearly payment of the said victual during his mother'ss lifetime. This sasine was found a sufficient title, notwithstanding it was alleged, That it not being subscribed by Galrigs, it was only assertio notarii, without any adminicle, the first infeftment upon the contract of marriage being renounced, and the renunciation bearing nothing of these lands that came in place thereof; yet the Lords found, that in respect of the marriage and renunciation of her former provision, the sasine should be sustained; but discharged the extracting of the sentence until the notary and witnesses insert be all examined upon oath, upon the verity of the sasine.
