A Wife's right of Liferent, held Base of her Husband, is supported by the Possession of the Husband.
Lady Earlston v. Colonel Mayne and Others
Date: 17 March 1685 Case No. No 39.
A Lady's right of liferent was reserved in the body of her husband's right; but his charter and sasine did not mention it, yet it was preferred to donatars of his forfeiture.
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Mary Hope, Earleston's Lady, competing with Colonel Mayne, Ogilthorp and Cornwal, the three English donatars of her husband's forfeiture, on this ground, that her right of liferent was public, in so far as it was referred in the body of her husband's infeftment:—Answered, The charter and sasine, which only make a right public, bears nothing of her liferent.—Replied, The charter related expressly to the conditions and provisions contained in the procuratory of resignation, whereof her jointure is one.———The Lords, in respect of the favour of a jointure, found this general reservation equivalent to a confirmation; and so preferred her to the donatars, who, in strict law, had much to say.
Fol. Dic. v. 1. p. 90. Fountainhall. v. 1. p. 353.
