A Wife's right of Liferent, held Base of her Husband, is supported by the Possession of the Husband.
Lady Riris v. Inglis and Wood
Date: 14 February 1696 Case No. No 40.
A father disponed the fee to his son, reserving his own liferent. His possession was found sufficient to clothe his daughter-in-law's right with possession; tho' that seemed a duplex fictio.
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Rankeilor reported the competition between the Lady Riris, on her liferent right, and Helen Inglis and Katharine Wood, as having right to Lentron, Provost of St Andrew's, his wadset of these lands. The question was, if the Lady's infeftment was clad with possession before the wadsetter's possession. It was acknowledged, that a husband's possession is the wife's; and farther, that the husband was not in possession; yet if his father, by his reserved liferent in the disposition, which he, gave to his son of the fee, was in possession, it was sufficient to validate and clothe his good-daughter's right with possession; though that seemed to be duplex fictio: But the father-in law having consented to Lentron's wadset, this was found a denuding him, so far as his possession Could not accresce to his son's Lady, in prejudice of that right. See 21st February 1672, Reid, No 38. p. 1305.
Fol. Dic. v. 1. p. 90. Fountainhall, v. 1. p. 711.
