Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Renton v. James Wilson and David Plenderleith
1695 and
1696.
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1695. February 1.—Mersington reported James Renton against James Wilson and David Plenderleith. Edward Dodds having provided the half of his conquest, moveable or immoveable, to his wife, failing children of the marriage, she dispones her right to Wilson, her nephew, with consent of her husband; and this being questioned by Renton, nearest heir to Edward, as not subscribed by her, but only by two notaries, whereas she could subscribe herself, and that such deeds are declared null unless it express the impediment which disabled them to write at the time; as was found, 12th July 1626, Wallace; and 24th June 1630, Fairholm; 2do. The style of moveables and immoveables could not comprehend lands:—The Lords thought it would in this case, because, by a posterior writ, the husband had explained it. 3tio. That the wife was the principal disponee, and the husband, only consenter, could not transmit the fee. But Craig asserts it will. 4to. That Wilson, coming in like an heir of provision to the half of the land, he must also be burdened with the half of the husband's debts; as was found, 20th February I667, Cranston; and 12th July 1691, Gray. Then the question arose, If Renton, who was to serve heir, ought not to have up the writs before he ratified Wilson's right.
The Lords found, ante omnia, he ought to have his papers.
Vol. I. Page 664.
1696. July 14.—Arbruchel reported the cause Renton against Wilson, mentioned 1st February 1695, being a pursuit to denude of the half of Edward Dod's estate, both personal and real, and to implement his deeds.
The Lords thought the assignation carried heritage as well as moveables; and that the husband's consent to the wife's deed carried the right sufficiently, and therefore decerned him to denude; and found the intromission he had could not stop the same; but he implementing, the other behoved to count and reckon with him.
