A husband being bound to secure his wife in a sufficient jointure to a certain extent, was found not to have fulfilled the obligation, by securing her in houses, which require repairs, and are liable to be burnt.
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A husband, who stood obliged by his contract of marriage, sufficiently to secure his wife in a jointure, amounting to 1000 merks a-year, having purchased some tenements and houses in Edinburgh, and provided the same to her in liferent; the Lords found that was not a sufficient equivalent provision to answer the obligement in the contract, because of the accidents of fire, and the considerable reparations that houses are subject to; and therefore decerned against the husband's heir to fulfil the obligement in the wife's contract of marriage; and ordained her to renounce any right to the tenements. Here there was a clause in the contract, That the fund for the wife's jointure should be employed with her father's consent, which was not done.
Fol. Dic. v. 1. p. 146. Harcarse, (Contracts of Marriage.) No 371. p. 95.
