Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.

Watson
v.
Johnston

1766. July. —

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[Fac. Coll. IV. p. 268.]

A woman got from her father a tenement of land, and in her marriage-contract she conveys the same to her husband, as part of the portion she brought to him, being valued at 1800 merks in money, which, together with 1000 merks more of money assigned by her to her husband, made the whole amount of her portion to be the sum of 2800 merks; which, with the like sum to be provided by the husband, making in all the sum of 5600 merks, “he became bound to provide and settle, in favour of himself and his spouse and the longest liver of them, in liferent, and the bairns of the marriage in fee;” and the conquest is provided in the same way; and in order to make this provision effectual, the wife, in an after part of the contract, disponed the tenement in favour of herself and husband, in conjunct fee and liferent, and to the heirs of the marriage in fee.

The Lords unanimously found, that though the subject came from the wife, yet as it was given to the husband, nomine dotis, the fee was in him, and not in the wife.