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An heiress married at the age of sixteen, without consent of her mother; and nine months thereafter a contract was made, whereby she disponed her heritage nomine dotis, and the husband bound himself to have in readiness a suitable sum of money, and to take it to her in liferent, and to the children in fee, without any provision to her of the liferent of her own lands, but giving her the liferent of half the conquest. The husband became oberatus, and gave to his creditors infeftment out of the lands, and died leaving children. In a reduction of this contract at her instance, upon minority and lesion, the Lords sustained the reason arising from the above facts, and therefore admitted her to liferent the lands she brought along with her. But whether the fee of the lands would belong to her children, or to her husband's creditors after her death, was not decided.
November 12. 1714.—Thereafter the husband's creditors having adjudged the lands after his decease, as in his hæreditas jacens; the Lords, in a competition betwixt them and the relict, sustained her reason of reduction of the fee, as they had done of the liferent, upon minority and lesion, unless the creditors would undertake to make out that the husband had a stock at the time of the contract for securing the wife in a liferent, though afterwards his means failed.
Fol. Dic. v. 1. p. 581. Fountainhall. Forbes. Dalrymple. Bruce.
*** This case is No 265. p. 6056. & No 266. p. 6059. voce Husband and Wife.
