Delivery when presumed made, and for whose Behoof.
Lady Bathgate v. Cochran of Barbachly
Date: 2 December 1685 Case No. No 234.
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In the poinding of the ground pursued by the Lady Bathgate, upon an infeftment of annualrent of 2500 merks out of the land of Bathgate, there was compearance made for the creditors, and particularly for Cochran of Barbachly, who had right to several infeftments of annualrent, and comprisings upon the estate. And it was alleged for him, That there could no poinding of the ground, as to 1300 merks of the said annuity, because the Lady had disponed the same in favour of for her husband's use and be hoof, and which was ratified judicially upon oath. It was answered, That the foresaid disposition was never a delivered evident, and was now in the hands of the granter, and produced by her. It was answered, That the same being judicially ratified, it did necessarily infer, that the said paper was delivered. It was duplied, That the ratification being accessory, followed the principal disposition; and there was nothing more ordinary than women to ratify dispositions before the Judge Ordinary; and yet, to retain both disposition and ratification in their own hands, until affairs be finally ended. The Lords found the objection of not-delivery relevant, being now produced in the granter's hand, and that the defence was noways elided by the ratification upon oath.
